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
Commissioner means the Privacy Commissioner appointed under section 53 of the Privacy Act. (commissaire)
(b) the Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
(c) the Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the organization that provided the information.
(3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act, and shall take every reasonable precaution to avoid the disclosure of that information.
(4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
(c) it is used for statistical, or scholarly study or research, purposes that cannot be achieved without using the information, the information is used in a manner that will ensure its confidentiality, it is impracticable to obtain consent and the organization informs the Commissioner of the use before the information is used;
(f) for statistical, or scholarly study or research, purposes that cannot be achieved without disclosing the information, it is impracticable to obtain consent and the organization informs the Commissioner of the disclosure before the information is disclosed;
In either case, the organization shall, no later than thirty days after the date of the request, send a notice of extension to the individual, advising them of the new time limit, the reasons for extending the time limit and of their right to make a complaint to the Commissioner in respect of the extension.
(b) shall notify the Commissioner, in writing and without delay, of the refusal; and
(ii) that the organization notified an institution or part under paragraph (2.2)(a) or the Commissioner under paragraph (b), or
(5) If an organization decides not to give access to personal information in the circumstances set out in paragraph (3)(c.1), the organization shall, in writing, so notify the Commissioner, and shall include in the notification any information that the Commissioner may specify.
(1) An organization shall report to the Commissioner any breach of security safeguards involving personal information under its control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to an individual.
Provision to Commissioner
(2) An organization shall, on request, provide the Commissioner with access to, or a copy of, a record.
(1) An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1 or 1.1 or for not following a recommendation set out in Schedule 1.
Commissioner may initiate complaint
(2) If the Commissioner is satisfied that there are reasonable grounds to investigate a matter under this Part, the Commissioner may initiate a complaint in respect of the matter.
(3) A complaint that results from the refusal to grant a request under section 8 must be filed within six months, or any longer period that the Commissioner allows, after the refusal or after the expiry of the time limit for responding to the request, as the case may be.
(4) The Commissioner shall give notice of a complaint to the organization against which the complaint was made. 2000, c. 5, s. 11; 2015, c. 32, s. 11.
(1) The Commissioner shall conduct an investigation in respect of a complaint, unless the Commissioner is of the opinion that
(2) Despite subsection (1), the Commissioner is not required to conduct an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act.
(3) The Commissioner shall notify the complainant and the organization that the Commissioner will not investigate the complaint or any act alleged in the complaint and give reasons.
(4) The Commissioner may reconsider a decision not to investigate under subsection (1), if the Commissioner is satisfied that the complainant has established that there are compelling reasons to investigate. 2000, c. 5, s. 12; 2010, c. 23, s. 83.
(1) In the conduct of an investigation of a complaint, the Commissioner may
(a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record;
(c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law;
(e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and
(2) The Commissioner may attempt to resolve complaints by means of dispute resolution mechanisms such as mediation and conciliation.
(3) The Commissioner may delegate any of the powers set out in subsection (1) or (2).
(4) The Commissioner or the delegate shall return to a person or an organization any record or thing that they produced under this section within 10 days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.
(1) The Commissioner may discontinue the investigation of a complaint if the Commissioner is of the opinion that
(e) the matter has already been the subject of a report by the Commissioner;
(2) The Commissioner may discontinue an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act.
(3) The Commissioner shall notify the complainant and the organization that the investigation has been discontinued and give reasons. 2010, c. 23, s. 83; 2015, c. 32, s. 12.
(1) The Commissioner shall, within one year after the day on which a complaint is filed or is initiated by the Commissioner, prepare a report that contains
(a) the Commissioner’s findings and recommendations;
(c) if appropriate, a request that the organization give the Commissioner, within a specified time, notice of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken; and
(1) A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1 or 1.1, in subsection 5(3) or 8(6) or (7), in section 10 or in Division 1.1.
The Commissioner may, in respect of a complaint that the Commissioner did not initiate,
(a) apply to the Court, within the time limited by section 14, for a hearing in respect of any matter described in that section, if the Commissioner has the consent of the complainant;
(1) If the Commissioner believes on reasonable grounds that an organization has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of a provision of Division 1 or 1.1 or a failure to follow a recommendation set out in Schedule 1, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Part, with that organization.
(2) A compliance agreement may contain any terms that the Commissioner considers necessary to ensure compliance with this Part.
(3) When a compliance agreement is entered into, the Commissioner, in respect of any matter covered under the agreement,
(b) shall apply to the court for the suspension of any pending applications that were made by the Commissioner under those provisions.
(1) If the Commissioner is of the opinion that a compliance agreement has been complied with, the Commissioner shall provide written notice to that effect to the organization and withdraw any applications that were made under subsection 14(1) or paragraph 15(a) in respect of any matter covered under the agreement.
(2) If the Commissioner is of the opinion that an organization is not complying with the terms of a compliance agreement, the Commissioner shall notify the organization and may apply to the Court for
(1) The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an organization if the Commissioner has reasonable grounds to believe that the organization has contravened a provision of Division 1 or 1.1 or is not following a recommendation set out in Schedule 1, and for that purpose may
(a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary for the audit, in the same manner and to the same extent as a superior court of record;
(c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law;
(e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and
(2) The Commissioner may delegate any of the powers set out in subsection (1).
(3) The Commissioner or the delegate shall return to a person or an organization any record or thing they produced under this section within ten days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.
(1) After an audit, the Commissioner shall provide the audited organization with a report that contains the findings of the audit and any recommendations that the Commissioner considers appropriate.
(1) Subject to subsections (2) to (7), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part other than those referred to in subsection 10.1(1) or 10.3(2).
(1.1) Subject to subsections (2) to (7), 12(3), 12.2(3), 3(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2).
(2) The Commissioner may, if the Commissioner considers that it is in the public interest to do so, make public any information that comes to his or her knowledge in the performance or exercise of any of his or her duties or powers under this Part.
(3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that in the Commissioner’s opinion is necessary to
(4) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information in the course of
(e) a judicial review in relation to the performance or exercise of any of the Commissioner’s duties or powers under this Part.
(5) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law of Canada or a province on the part of an officer or employee of an organization if, in the Commissioner’s opinion, there is evidence of an offence.
(6) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose to a government institution or a part of a government institution, any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2) if the Commissioner has reasonable grounds to believe that the information could be useful in the investigation of a contravention of the laws of Canada or a province that has been, is being or is about to be committed.
(7) The Commissioner may disclose information, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information, in the course of proceedings in which the Commissioner has intervened under paragraph 50(c) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or in accordance with subsection 58(3) or 60(1) of that Act. 2000, c. 5, s. 20; 2010, c. 23, s. 86; 2015, c. 32, ss. 17, 26.
The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part in any proceeding other than
(1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of any duty or power of the Commissioner under this Part.
(a) anything said, any information supplied or any record or thing produced in good faith in the course of an investigation or audit carried out by or on behalf of the Commissioner under this Part; and
(b) any report made in good faith by the Commissioner under this Part and any fair and accurate account of the report made in good faith for the purpose of news reporting. 2000, c. 5, s. 22; 2015, c. 32, s. 18.
(1) If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may, in order to ensure that personal information is protected in as consistent a manner as possible, consult with any person who, under provincial legislation, has functions and duties similar to those of the Commissioner with respect to the protection of such information.
(2) The Commissioner may enter into agreements or arrangements with any person referred to in subsection (1) in order to
(a) coordinate the activities of their offices and the office of the Commissioner, including to provide for mechanisms for the handling of any complaint in which they are mutually interested;
(3) The Commissioner may, in accordance with any procedure established under paragraph (2)(d), share information with any person referred to in subsection (1), if the information
(b) could assist the Commissioner or that person in the exercise of their functions and duties with respect to the protection of personal information.
(b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner. 2000, c. 5, s. 23; 2010, c. 23, s. 87.
(1) Subject to subsection (3), the Commissioner may, in accordance with any procedure established under paragraph (4)(b), disclose information referred to in subsection (2) that has come to the Commissioner’s knowledge as a result of the performance or exercise of any of the Commissioner’s duties or powers under this Part to any person or body who, under the legislation of a foreign state, has
(a) functions and duties similar to those of the Commissioner with respect to the protection of personal information; or
(2) The information that the Commissioner is authorized to disclose under subsection (1) is information that the Commissioner believes
(3) The Commissioner may only disclose information to the person or body referred to in subsection (1) if the Commissioner has entered into a written arrangement with that person or body that
(c) stipulates that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner.
(4) The Commissioner may enter into arrangements with one or more persons or bodies referred to in subsection (1) in order to
The Commissioner shall
(d) promote, by any means that the Commissioner considers appropriate, the purposes of this Part.
(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.
(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.
(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.
(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.
(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;
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 minister of the Crown and any department, branch, office, board, agency, commission, corporation or body for the administration of affairs of which a minister of the Crown is accountable to the Parliament of Canada may use electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information whenever a federal law does not specify the manner of doing so.
