Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)

Act current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

PART 1Protection of Personal Information in the Private Sector (continued)

DIVISION 4General (continued)

Marginal note:Promoting the purposes of the Part

 The Commissioner shall

  • (a) develop and conduct information programs to foster public understanding, and recognition of the purposes, of this Part;

  • (b) undertake and publish research that is related to the protection of personal information, including any such research that is requested by the Minister of Industry;

  • (c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with Divisions 1 and 1.1; and

  • (d) promote, by any means that the Commissioner considers appropriate, the purposes of this Part.

  • 2000, c. 5, s. 24
  • 2015, c. 32, s. 19

Marginal note:Annual report

  •  (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.

  • 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.

  • 2000, c. 5, s. 25
  • 2015, c. 32, s. 20

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

    • (a) specifying, by name or by class, what is a government institution or part of a government institution for the purposes of any provision of this Part;

    • (a.01) [Repealed, 2015, c. 32, s. 21]

    • (a.1) specifying information or classes of information for the purpose of paragraph 7(1)(d), (2)(c.1) or (3)(h.1);

    • (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.

  • Marginal note:Orders

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

    • (a) provide that this Part is binding on any agent of Her Majesty in right of Canada to which the Privacy Act does not apply;

    • (b) if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province; and

    • (c) amend Schedule 4.

  • 2000, c. 5, s. 26
  • 2015, c. 32, s. 21, c. 36, s. 165

Marginal note:Whistleblowing

  •  (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.

  • Marginal note:Confidentiality

    (2) The Commissioner shall keep confidential the identity of a person who has notified the Commissioner under subsection (1) and to whom an assurance of confidentiality has been provided by the Commissioner.

  • 2000, c. 5, s. 27
  • 2015, c. 32, s. 22

Marginal note:Prohibition

  •  (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

    • (a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1 or 1.1;

    • (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1 or 1.1;

    • (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 or 1.1 not be contravened; or

    • (d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

  • Marginal note:Saving

    (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

  • Marginal note:Definitions

    (3) In this section, employee includes an independent contractor and employer has a corresponding meaning.

  • 2000, c. 5, s. 27.1
  • 2015, c. 32, s. 23

Marginal note:Offence and punishment

 Every organization that knowingly contravenes subsection 8(8), section 10.1 or subsection 10.3(1) or 27.1(1) or that obstructs the Commissioner or the Commissioner’s delegate in the investigation of a complaint or in conducting an audit is guilty of

  • (a) an offence punishable on summary conviction and liable to a fine not exceeding $10,000; or

  • (b) an indictable offence and liable to a fine not exceeding $100,000.

  • 2000, c. 5, s. 28
  • 2015, c. 32, s. 24

Marginal note:Review of Part by parliamentary committee

  • Footnote * (1) The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose.

  • Marginal note:Review and report

    (2) The committee shall undertake a review of the provisions and operation of this Part and shall, within a year after the review is undertaken or within any further period that the House of Commons may authorize, submit a report to Parliament that includes a statement of any changes to this Part or its administration that the committee recommends.

DIVISION 5Transitional Provisions

Marginal note:Application

  •  (1) This Part does not apply to any organization in respect of personal information that it collects, uses or discloses within a province whose legislature has the power to regulate the collection, use or disclosure of the information, unless the organization does it in connection with the operation of a federal work, undertaking or business or the organization discloses the information outside the province for consideration.

  • Marginal note:Application

    (1.1) This Part does not apply to any organization in respect of personal health information that it collects, uses or discloses.

  • Marginal note:Expiry date

    Footnote *(2) Subsection (1) ceases to have effect three years after the day on which this section comes into force.

  • Marginal note:Expiry date

    Footnote *(2.1) Subsection (1.1) ceases to have effect one year after the day on which this section comes into force.

PART 2Electronic Documents

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Part.

    data

    data means representations of information or concepts, in any form. (données)

    electronic document

    electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. (document électronique)

    electronic signature

    electronic signature means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document. (signature électronique)

    federal law

    federal law means an Act of Parliament or an instrument, regardless of its name, issued, made or established under an Act of Parliament or a prerogative of the Crown, other than an instrument issued, made or established under the Yukon Act, the Northwest Territories Act or the Nunavut Act. (texte législatif)

    responsible authority

    responsible authority, in respect of a provision of a federal law, means

    • (a) if the federal law is an Act of Parliament, the minister responsible for that provision;

    • (b) if the federal law is an instrument issued, made or established under an Act of Parliament or a prerogative of the Crown, the person or body who issued, made or established the instrument; or

    • (c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2). (autorité responsable)

    secure electronic signature

    secure electronic signature means an electronic signature that results from the application of a technology or process prescribed by regulations made under subsection 48(1). (signature électronique sécurisée)

  • Marginal note:Designation

    (2) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any member of the Queen’s Privy Council for Canada, or body to be the responsible authority in respect of a provision of a federal law if the Governor in Council is of the opinion that it is appropriate to do so in the circumstances.

 
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