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Privacy Act (R.S.C., 1985, c. P-21)

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Act current to 2019-11-19 and last amended on 2019-08-28. Previous Versions

RELATED PROVISIONS

  • — 2005, c. 26, s. 18(1), as amended by 2005, c. 26, par. 27(2)(a)(E)

    • Definitions
      • 18 (1) The following definitions apply in this section.

        former agency

        former agency means the portion of the federal public administration known as the Economic Development Agency of Canada for the Regions of Quebec. (ancienne agence)

        new agency

        new agency means the Economic Development Agency of Canada for the Regions of Quebec established by section 8. (nouvelle agence)

  • — 2005, c. 26, par. 18(7)(c)

    • References
      • 18 (7) A reference to the former agency in any of the following is deemed to be a reference to the new agency:

        • (c) the schedule to the Privacy Act, under the heading “Other Government Institutions”;

  • — 2005, c. 38, s. 16, as amended by 2005, c. 38, par. 144(8)(a)(E)

    • Definitions

      16 The following definitions apply in sections 17 to 19 and 21 to 28.

      former agency

      former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)

      new agency

      new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)

      order P.C. 2003-2064

      order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)

  • — 2005, c. 38, par. 19(1)(b), (g)

    • References
      • 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency:

        • (b) the schedule to the Privacy Act;

        • (g) any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Privacy Act; and

  • — 2006, c. 5, s. 16

    • Definitions

      16 The following definitions apply in sections 17 to 19.

      former agency

      former agency means the portion of the federal public administration known as the Public Health Agency of Canada. (ancienne agence)

      new agency

      new agency means the Public Health Agency of Canada established under section 3. (nouvelle agence)

  • — 2006, c. 5, s. 19

    • References
      • 19 (1) A reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency:

        • (c) the schedule to the Privacy Act, under the heading “Other Government Institutions”;

      • Deputy head

        (2) The designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to paragraph 29(e) of the Canadian Security Intelligence Service Act or to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the Chief Public Health Officer as deputy head of the new agency.

  • — 2006, c. 9, par. 120(d)

    • Transitional — continuation in office

      120 A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold office for the remainder of the term for which he or she had been appointed:

      • (d) the Privacy Commissioner under section 53 of the Privacy Act; and

  • — 2019, c. 9, s. 25

    • Definitions

      25 The following definitions apply in this section and in sections 26 to 28.

      commencement day

      commencement day means the day on which this Act receives royal assent. (date d’entrée en vigueur)

      copy

      copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (copie)

      personal information

      personal information means any personal information, as defined in section 3 of the Privacy Act, that is contained in a record or copy. (renseignements personnels)

      record

      record means, other than in section 28, a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (registres)

      specified proceeding

      specified proceeding means any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act that is with respect to a record or copy or to personal information and that

      • (a) was made or initiated on or before June 22, 2015 and was not concluded, or in respect of which no decision was made, on or before that day; or

      • (b) was made or initiated after June 22, 2015 but before the commencement day. (procédure désignée)

  • — 2019, c. 9, s. 26

    • Non-application — Access to Information Act
      • 26 (1) Subject to section 27, the Access to Information Act does not apply as of the commencement day with respect to records and copies.

      • Non-application — Privacy Act

        (2) Subject to section 27, the Privacy Act, other than its subsections 6(1) and (3), does not apply as of the commencement day with respect to personal information.

      • Non-application — subsections 6(1) and (3) of the Privacy Act

        (3) For greater certainty, by reason of subsection 29(3) of the Ending the Long-gun Registry Act, subsections 6(1) and (3) of the Privacy Act do not apply as of April 5, 2012 with respect to personal information.

  • — 2019, c. 9, s. 27

    • Continued application
      • 27 (1) The Privacy Act, other than its subsections 6(1) and (3), and the Access to Information Act continue to apply with respect to any specified proceeding and to any complaint, investigation, application, judicial review or appeal that results from a specified proceeding.

      • Period running on June 22, 2015 restarts

        (2) A time limit, or other period of time, under the Access to Information Act or the Privacy Act that was running on June 22, 2015 with respect to a specified proceeding described in paragraph (a) of the definition of that expression in section 25 is deemed to restart, from the beginning, on the commencement day.

      • Specified proceeding initiated after June 22, 2015

        (3) A specified proceeding described in paragraph (b) of the definition of that expression in section 25 is deemed to be made or initiated on the commencement day.

      • For greater certainty

        (4) For greater certainty, no destruction of records or copies that are the subject of proceedings referred to in subsection (1) is to occur until all proceedings referred to in that subsection are finally disposed of, settled or abandoned.

  • — 2019, c. 13, par. 82(1)(c)

    • References
      • 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department:

        • (c) the schedule to the Privacy Act under the heading “Other Government Institutions”;

  • — 2019, c. 18, s. 59

    • 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.

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