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)
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Assented to 2019-06-21
R.S., c. P-21Privacy Act (continued)
47.1 The Act is amended by adding the following after section 3.01:
Marginal note:Application
3.02 Paragraph (j.1) of the definition personal information in section 3 applies only to records created on or after the day on which that paragraph comes into force.
48 Subsection 22.1(1) of the Act is replaced by the following:
Marginal note:Information obtained by Privacy Commissioner
22.1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner or that was obtained by the Commissioner in the course of a consultation with the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act.
49 Section 27 of the Act and the heading before it are replaced by the following:
Privilege and Professional Secrecy
Marginal note:Protected information — solicitors, advocates and notaries
27 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
50 Subsection 34(2) of the Act is replaced by the following:
Marginal note:Access to information
(2) Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Privacy Commissioner may, during the investigation of any complaint under this Act, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Commissioner may examine under this subsection may be withheld from the Commissioner on any grounds.
Marginal note:Protected information — solicitors, advocates and notaries
(2.1) The Privacy Commissioner may examine information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the information under section 27.
Marginal note:For greater certainty
(2.2) For greater certainty, the disclosure by the head of a government institution to the Privacy Commissioner of information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy.
51 Section 45 of the Act is replaced by the following:
Marginal note:Access to information
45 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41, 42 or 43, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds.
52 Paragraph 64(1)(b) of the Act is replaced by the following:
(b) in the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act or a review before the Court under this Act or Part 1 of the Access to Information Act or an appeal from a review of that Court.
53 Section 66 of the Act is replaced by the following:
Marginal note:No summons
66 The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal from a review of that Court.
Marginal note:For greater certainty
66.1 For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act.
54 The Act is amended by adding the following after section 71:
Marginal note:Designated Minister’s power
71.1 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.
55 (1) Subsections 72(1) and (2) of the Act are replaced by the following:
Marginal note:Annual report — government institutions
72 (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.
Marginal note:Tabling of report
(2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.
(2) Section 72 of the Act is amended by adding the following after subsection (3):
Marginal note:Copy of report to designated Minister
(4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses.
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.
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