Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Protection of Personal Information Regulations (SOR/78-145)

Regulations are current to 2020-01-27

Protection of Personal Information Regulations

SOR/78-145

CANADIAN HUMAN RIGHTS ACT

Registration 1978-02-10

Regulations with Respect to the Protection of Personal Information

P.C. 1978-394 1978-02-09

His Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to section 62 of the Canadian Human Rights Act, is pleased hereby to make the annexed Regulations with respect to the Protection of Personal Information.

Short Title

 These Regulations may be cited as the Protection of Personal Information Regulations.

Interpretation

 In these Regulations,

Act

Act means Part IV of the Canadian Human Rights Act;

appropriate officer

appropriate officer means the person designated by title or office by the appropriate Minister of the government institution having control of a federal information bank as the officer to whom requests should be addressed in respect of that federal information bank; (fonctionnaire compétent)

collective agreement

collective agreement has the same meaning as in the Public Service Staff Relations Act;

exemption

exemption means an exemption provided under section 53, 54 or 55 of the Act;

federal information bank index

federal information bank index means the publication referred to in section 51 of the Act;

form

form means a form prescribed by the designated Minister pursuant to paragraph 56(1)(c) of the Act;

registration number

registration number means a number assigned to a federal information bank by the designated Minister pursuant to section 26.

Application

 Nothing in these Regulations shall be construed as limiting or otherwise restricting the right of an employee to examine in accordance with the terms and conditions of a collective agreement, a record containing information concerning him in a federal information bank.

Acknowledgments

 The issue of an acknowledgment form by a government institution pursuant to any section of these Regulations extends by 30 days the period of time under which the government institution is required to comply with the requirements of that section.

Federal Information Bank Index

 The federal information bank index shall contain, in addition to the information required by subsection 51(1) of the Act, the following information in respect of each federal information bank:

  • (a) a descriptive title and registration number;

  • (b) the title or office of the appropriate officer and his address;

  • (c) the non-derivative uses of the records, identified as such;

  • (d) any demographic or geographic classification of the records; and

  • (e) any exemption under section 53 or 55 of the Act and the grounds therefor.

Rights of Agents

 Any person may exercise the rights of an individual under the Act or these Regulations on production of lawful authority to exercise those rights on behalf of the individual.

Ascertaining Information and Examination of Records

  •  (1) An individual may make a request to a government institution

    • (a) to ascertain whether a federal information bank under the control of that government institution contains a record of personal information concerning that individual, or

    • (b) to examine a record described in paragraph (a) or a copy thereof,

    by completing a record access request form and by forwarding the completed form to the appropriate officer.

  • (2) A completed record access request form shall be forwarded in respect of each federal information bank that is the subject of a request under paragraph (1)(a) or (b) or both.

 On receipt of a record access request form by the appropriate officer pursuant to section 7, the government institution shall

  • (a) record the date of its receipt on the form; and

  • (b) within 30 days of its receipt, respond to the request in accordance with section 10 or 11, or issue an acknowledgment form to the individual.

 Where an acknowledgment form has been issued to an individual pursuant to section 8 and the government institution does not respond to the request within 60 days after its receipt, the government institution shall notify the individual of

  • (a) the reasons for the delay in responding;

  • (b) the date when the individual can expect to receive a response;

  • (c) the right of the individual to bring a complaint to the Privacy Commissioner; and

  • (d) the name and address of the Privacy Commissioner.

 A government institution shall respond to a request made pursuant to paragraph 7(1)(a)

  • (a) by stating

    • (i) whether or not records of personal information concerning the individual are contained in the federal information bank, or

    • (ii) where the records are subject to an exemption under section 53 or 55, the grounds therefor; and

  • (b) where appropriate, by forwarding to the individual a record access request form.

 A government institution shall respond to a request made pursuant to paragraph 7(1)(b)

  • (a) by making available for examination by the individual, in accordance with and subject to section 12, the record or copy thereof requested and, subject to section 15, a translation thereof in the other official language where requested by the individual;

  • (b) by furnishing the individual with

    • (i) a general description of the uses to which the record requested has been put since the coming into force of the Act, and

    • (ii) a statement of the grounds for any applicable exemption;

  • (c) by notifying the individual that he may request the correction of the information concerning him in the record; and

  • (d) by forwarding to the individual a record correction request form.

 For the purpose of responding to a request made pursuant to paragraph 7(1)(b), a government institution shall make available for examination by the individual the record or a copy thereof

  • (a) by sending to the individual a copy of the record other than any part thereof that is subject to an exemption; or

  • (b) by allowing the individual to examine the record, other than any part of the record or copy thereof that is subject to an exemption at such place and time as agreed between the individual and the government institution.

 A government institution shall, where a record to be examined by an individual pursuant to paragraph 12(b) is difficult for him to understand, arrange for a person to help him to understand it.

 Where an individual who has been allowed to examine a record pursuant to paragraph 12(b) asks for a copy thereof, the government institution shall provide him with such a copy.

 Where, owing to its nature or volume, a record to be examined by an individual cannot be conveniently translated into the other official language within a reasonable period of time, the government institution shall allow the individual to examine the record in accordance with paragraph 12(b) and ensure the presence of a competent officer to translate the content of the record to the individual at the time of the examination.

Correcting and Requesting a Notation of Records

  •  (1) An individual may make a request to a government institution to correct information concerning him in a record contained in a federal information bank by completing a record correction request form and forwarding the completed form to the appropriate officer.

  • (2) A completed record correction request form shall be forwarded in respect of each federal information bank that is the subject of a request under subsection (1).

 A government institution,

  • (a) on receipt of a record correction request form pursuant to section 16,

    • (i) may require from the individual making the request any documentary evidence that was required from him at the time of the establishment of the record sought to be corrected, and

    • (ii) shall record on the form the date of its receipt; and

  • (b) within thirty days of receipt of the form and of any evidence required pursuant to paragraph (a), shall

    • (i) comply with the request,

    • (ii) refuse to comply with the request, or

    • (iii) issue an acknowledgment form to the individual.

 Where a government institution complies with a request made pursuant to section 16, it shall

  • (a) forward to the individual making the request a copy of the relevant part of the record duly corrected, other than any part thereof that is subject to an exemption; or

  • (b) notify the individual that the requested correction has been made and allow him to examine the record or relevant part thereof in accordance with and subject to paragraph 12(b).

 Where a government institution does not comply with a request made pursuant to section 16, it shall forward a record notation request form to the individual making the request and notify him of

  • (a) the reasons for not correcting the information;

  • (b) the right of the individual to require a notation of his requested correction on the record;

  • (c) the right of the individual to bring a complaint to the Privacy Commissioner; and

  • (d) the name and address of the Privacy Commissioner.

  •  (1) An individual may request a government institution to note on a record a request made pursuant to section 16 by completing a record notation request form and by forwarding the completed form to the appropriate officer.

  • (2) A completed record notation request form shall be forwarded in respect of each record that is the subject of a request under subsection (1).

 Within 30 days of the receipt of a record notation request form, a government institution shall make a notation on the record of the request for correction.

 Where

  • (a) information contained in a record has been corrected in accordance with a request made pursuant to section 16, or

  • (b) a record has been annotated pursuant to section 21,

the government institution shall transmit forthwith a copy of the corrected information or annotated record to all other government institutions that can reasonably be determined to have received the information or record for an administrative purpose prior to such correction or notation.

Medical Records Whether or Not Psychological Reports

  •  (1) A government institution may, after receipt of a request to examine a medical record, whether or not the record is a psychological report, seek the opinion of a duly qualified medical practitioner as to whether the examination of the record by the individual whom it concerns would be contrary to the best interests of that individual.

  • (2) Before a government institution seeks the opinion of a medical practitioner pursuant to subsection (1) in respect of a record, it shall remove from the record any part thereof that is subject to an exemption.

 Where a medical practitioner expresses the opinion that the examination of a medical record, whether or not the record is a psychological report, by the individual whom it concerns may be contrary to the best interests of that individual, the government institution shall inform the individual that the record is not available for his examination.

Notification of Non-consent to a Non-derivative Use

 The written notice to be given to a government institution by an individual pursuant to subsection 52(3) of the Act shall be given

  • (a) by hand or by registered mail to the government institution at the address set out in the notice given to the individual by that government institution; and

  • (b) within 30 days after receipt of the notice from the government institution.

Collection of Personal Information

 The designated Minister shall assign a registration number to each federal information bank.

 Personal information shall not be collected for inclusion in a federal information bank unless the bank has been assigned a registration number pursuant to section 26.

 A government institution shall, wherever possible, collect personal information for inclusion in a federal information bank directly from the individual whom such personal information concerns.

 A government institution shall, in the course of collecting from an individual personal information concerning that individual for inclusion in a federal information bank, inform the individual of the purposes to be served by such collection, the authority therefor and the rights of the individual under the Act.

Management and Surveillance of Records

 An annual report shall be submitted by the appropriate Minister to the designated Minister in such form and containing such information as the designated Minister may specify.

 The designated Minister may cause a federal information bank to be inspected to ensure that the provisions of the Act and these Regulations are complied with.

Date modified: