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Privacy Act (R.S.C., 1985, c. P-21)

Full Document:  

Act current to 2019-07-29 and last amended on 2019-07-15. Previous Versions

General (continued)

Marginal note:Designated Minister’s power

 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.

  • 2019, c. 18, s. 54

Marginal note:Annual report — government institutions

  •  (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.

  • Marginal note:Reference to Parliamentary committee

    (3) Every report prepared under subsection (1) shall, after it is laid before the Senate and the House of Commons, under subsection (2), be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).

  • 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.

  • R.S., 1985, c. P-21, s. 72
  • 2019, c. 18, s. 55

Marginal note:Delegation by head of government institution

  •  (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.

  • R.S., 1985, c. P-21, s. 73
  • 2019, c. 18, s. 56

Marginal note:Provision of services related to privacy

  •  (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.

  • 2019, c. 18, s. 56

Marginal note:Personal information not under control of institution

 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.

  • 2019, c. 18, s. 56

Marginal note:Protection from civil proceeding or from prosecution

 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any personal information pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Act if reasonable care is taken to give the required notice.

  • 1980-81-82-83, c. 111, Sch. II “74”

Marginal note:Permanent review of this Act by Parliamentary committee

  •  (1) The administration of this Act shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

  • Marginal note:Review and report to Parliament

    (2) The committee designated or established by Parliament for the purpose of subsection (1) shall, not later than July 1, 1986, undertake a comprehensive review of the provisions and operation of this Act, and shall, within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.

  • 1980-81-82-83, c. 111, Sch. II “75”

Marginal note:Binding on Crown

 This Act is binding on Her Majesty in right of Canada.

  • 1980-81-82-83, c. 111, Sch. II “76”

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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