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Privacy Act

Version of section 77 from 2019-06-21 to 2020-10-05:


Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) specifying government institutions or parts of government institutions for the purpose of paragraph (e) of the definition personal information in section 3;

    • (b) prescribing the period of time for which any class of personal information is to be retained under subsection 6(1);

    • (c) prescribing the circumstances and the manner in which personal information under the control of a government institution is to be disposed of under subsection 6(3);

    • (d) specifying investigative bodies for the purposes of paragraph 8(2)(e) and sections 22 and 23;

    • (e) prescribing the circumstances in which and the conditions under which personal information may be disclosed under subsection 8(3);

    • (f) prescribing the period of time for which copies of requests received under paragraph 8(2)(e) and records of information disclosed pursuant to the requests are to be retained under subsection 8(4);

    • (g) specifying persons or bodies for the purpose of paragraph 8(2)(h);

    • (h) prescribing procedures to be followed in making and responding to a request for access to personal information under paragraph 12(1)(a) or (b);

    • (i) prescribing procedures to be followed by an individual or a government institution where the individual requests under subsection 12(2) a correction of personal information or a notation of a correction requested, including the period of time within which the correction or notation must be made;

    • (j) prescribing any fees, or the manner of calculating any fees, to be paid for being given access to personal information requested under subsection 12(1) or for the making of copies of such personal information;

    • (k) prescribing the procedures to be followed by the Privacy Commissioner and any person acting on behalf or under the direction of the Privacy Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose personal information under paragraph 19(1)(a) or (b) or section 21;

    • (l) specifying classes of investigations for the purpose of paragraph 22(3)(c);

    • (m) prescribing the class of individuals who may act on behalf of minors, incompetents, deceased persons or any other individuals under this Act and regulating the manner in which any rights or actions of individuals under this Act may be exercised or performed on their behalf;

    • (n) authorizing the disclosure of information relating to the physical or mental health of individuals to duly qualified medical practitioners or psychologists in order to determine whether disclosure of the information would be contrary to the best interests of the individuals, and prescribing any procedures to be followed or restrictions deemed necessary with regard to the disclosure and examination of the information; and

    • (o) prescribing special procedures for giving individuals access under subsection 12(1) to personal information relating to their physical or mental health and regulating the way in which that access is given.

  • 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.

  • R.S., 1985, c. P-21, s. 77
  • 2019, c. 18, s. 57
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