Interpretation
2 - DefinitionsPurpose
3 - PurposeApplication
4 - Application4.01 - Business contact information4.1 - Certificate under Canada Evidence Act5 - Compliance with obligations6 - Effect of designation of individual6.1 - Valid consent7 - Collection without knowledge or consent7.1 - Definitions7.2 - Prospective business transaction7.3 - Employment relationship7.4 - Use without consent8 - Written request9 - When access prohibited10 - Sensory disability
Filing of Complaints
11 - ContraventionInvestigations of Complaints
12 - Examination of complaint by Commissioner12.1 - Powers of CommissionerDiscontinuance of Investigation
12.2 - ReasonsCommissioner's Report
13 - ContentsHearing by Court
14 - Application15 - Commissioner may apply or appear16 - Remedies17 - Summary hearingsCompliance Agreements
17.1 - Compliance Agreements17.2 - Agreement complied with20 - Confidentiality21 - Not competent witness22 - Protection of Commissioner23 - Consultations with provinces23.1 - Disclosure of information to foreign state24 - Promoting the purposes of the Part25 - Annual report26 - Regulations27 - Whistleblowing27.1 - Prohibition28 - Offence and punishment*29 - Review of Part by parliamentary committee
Interpretation
31 - DefinitionsPurpose
32 - PurposeElectronic Alternatives
33 - Collection, storage, etc.34 - Electronic payment35 - Electronic version of statutory form36 - Documents as evidence or proof37 - Retention of documents38 - Notarial act39 - Seals40 - Requirements to provide documents or information41 - Writing requirements42 - Original documents43 - Signatures44 - Statements made under oath45 - Statements declaring truth, etc.46 - Witnessed signatures47 - CopiesRegulations and Orders
48 - Regulations49 - Amendment of schedules50 - Regulations51 - Effect of striking out listed provision52 to 57 - [Amendments]
58 and 59 - [Amendments]
60 to 71 - [Amendments]
4.1 - Principle 1: Accountability4.2 - Principle 2: Identifying Purposes4.3 - Principle 3: Consent4.4 - Principle 4: Limiting Collection4.5 - Principle 5: Limiting Use, Disclosure, and Retention4.6 - Principle 6: Accuracy4.7 - Principle 7: Safeguards4.8 - Principle 8: Openness4.9 - Principle 9: Individual Access4.10 - Principle 10: Challenging Compliance
2
Definitions
(1) The definitions in this subsection apply in this Part.
alternative format, with respect to personal information, means a format that allows a person with a sensory disability to read or listen to the personal information. (support de substitution)
breach of security safeguards means the loss of, unauthorized access to or unauthorized disclosure of personal information resulting from a breach of an organization’s security safeguards that are referred to in clause 4.7 of Schedule 1 or from a failure to establish those safeguards. (atteinte aux mesures de sécurité)
business contact information means any information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession such as the individual’s name, position name or title, work address, work telephone number, work fax number or work electronic address. (coordonnées d’affaires)
business transaction includes
(a) the purchase, sale or other acquisition or disposition of an organization or a part of an organization, or any of its assets;
(b) the merger or amalgamation of two or more organizations;
(c) the making of a loan or provision of other financing to an organization or a part of an organization;
(d) the creating of a charge on, or the taking of a security interest in or a security on, any assets or securities of an organization;
(e) the lease or licensing of any of an organization’s assets; and
(f) any other prescribed arrangement between two or more organizations to conduct a business activity. (transaction commerciale)
commercial activity means any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists. (activité commerciale)
Commissioner means the Privacy Commissioner appointed under section 53 of the Privacy Act. (commissaire)
Court means the Federal Court. (Cour)
federal work, undertaking or business means any work, undertaking or business that is within the legislative authority of Parliament. It includes
(a) a work, undertaking or business that is operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada;
(b) a railway, canal, telegraph or other work or undertaking that connects a province with another province, or that extends beyond the limits of a province;
(c) a line of ships that connects a province with another province, or that extends beyond the limits of a province;
(d) a ferry between a province and another province or between a province and a country other than Canada;
(e) aerodromes, aircraft or a line of air transportation;
(f) a radio broadcasting station;
(g) a bank or an authorized foreign bank as defined in section 2 of the Bank Act;
(h) a work that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces;
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces; and
(j) a work, undertaking or business to which federal laws, within the meaning of section 2 of the Oceans Act, apply under section 20 of that Act and any regulations made under paragraph 26(1)(k) of that Act. (entreprises fédérales)
organization includes an association, a partnership, a person and a trade union. (organisation)
personal health information, with respect to an individual, whether living or deceased, means
(a) information concerning the physical or mental health of the individual;
(b) information concerning any health service provided to the individual;
(c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual;
(d) information that is collected in the course of providing health services to the individual; or
(e) information that is collected incidentally to the provision of health services to the individual. (renseignement personnel sur la santé)
personal information means information about an identifiable individual. (renseignement personnel)
prescribed means prescribed by regulation. (Version anglaise seulement)
record includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine-readable record and any other documentary material, regardless of physical form or characteristics, and any copy of any of those things. (docu ment)
Notes in Schedule 1
(2) In this Part, a reference to clause 4.3 or 4.9 of Schedule 1 does not include a reference to the note that accompanies that clause. 2000, c. 5, s. 2; 2002, c. 8, s. 183; 2015, c. 32, s. 2.
