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
Court means the Federal Court. (Cour)
(c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;
(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;
(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.
(2) A complainant shall make an application within one year after the report or notification is sent or within any longer period that the Court may, either before or after the expiry of that year, allow.
(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;
(b) appear before the Court on behalf of any complainant who has applied for a hearing under sec tion 14; or
(c) with leave of the Court, appear as a party to any hearing applied for under section 14.
The Court may, in addition to any other remedies it may give,
(1) An application made under section 14 or 15 shall be heard and determined without delay and in a summary way unless the Court considers it inappropriate to do so.
(2) In any proceedings arising from an application made under section 14 or 15, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or other material that the organization would be authorized to refuse to disclose if it were requested under clause 4.9 of Schedule 1.
(a) shall not apply to the Court for a hearing under subsection 14(1) or paragraph 15(a); and
(b) shall apply to the court for the suspension of any pending applications that were made by the Commissioner under those provisions.
(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
(3) Despite subsection 14(2), the application shall be made within one year after notification is sent or within any longer period that the Court may, either before or after the expiry of that year, allow.
(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;
(c) a hearing before the Court under this Part;
(d) an appeal from a decision of the Court; or
(c) a hearing before the Court under this Part; or
(d) an appeal from a decision of the Court.
