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
(1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.
(2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information:
(c.1) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that
(ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law,
(iii) the disclosure is requested for the purpose of administering any law of Canada or a province, or
(iv) the disclosure is requested for the purpose of communicating with the next of kin or authorized representative of an injured, ill or deceased individual;
(1) A request under clause 4.9 of Schedule 1 must be made in writing.
(2) An organization shall assist any individual who informs the organization that they need assistance in preparing a request to the organization.
(3) An organization shall respond to a request with due diligence and in any case not later than thirty days after receipt of the request.
(ii) the time required to undertake any consultations necessary to respond to the request would make the time limit impracticable to meet; or
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.
(5) If the organization fails to respond within the time limit, the organization is deemed to have refused the request.
(6) An organization may respond to an individual’s request at a cost to the individual only if
(b) the individual has advised the organization that the request is not being withdrawn.
(7) An organization that responds within the time limit and refuses a request shall inform the individual in writing of the refusal, setting out the reasons and any recourse that they may have under this Part.
(8) Despite clause 4.5 of Schedule 1, an organization that has personal information that is the subject of a request shall retain the information for as long as is necessary to allow the individual to exhaust any recourse under this Part that they may have.
(2.1) An organization shall comply with subsection (2.2) if an individual requests that the organization
(a) shall, in writing and without delay, notify the institution or part concerned of the request made by the individual; and
(b) shall not respond to the request before the earlier of
(2.3) Within thirty days after the day on which it is notified under subsection (2.2), the institution or part shall notify the organization whether or not the institution or part objects to the organization complying with the request. The institution or part may object only if the institution or part is of the opinion that compliance with the request could reasonably be expected to be injurious to
(2.4) Despite clause 4.9 of Schedule 1, if an organization is notified under subsection (2.3) that the institution or part objects to the organization complying with the request, the organization
(a) shall refuse the request to the extent that it relates to paragraph (2.1)(a) or to information referred to in subparagraph (2.1)(a)(ii);
(i) any information that the organization has relating to a disclosure to a government institution or a part of a government institution under para graph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(c.2) or (d) or to a request made by a government institution under either of those subparagraphs,
However, in the circumstances described in para graph (b) or (c), if giving access to the information would reveal confidential commercial information or could reasonably be expected to threaten the life or security of another individual, as the case may be, and that information is severable from the record containing any other information for which access is requested, the organization shall give the individual access after severing.
An organization shall give access to personal information in an alternative format to an individual with a sensory disability who has a right of access to personal information under this Part and who requests that it be transmitted in the alternative format if
(2) An organization shall, on request, provide the Commissioner with access to, or a copy of, a record.
(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 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.
(5) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d).
(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
(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.
(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.
(4) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d).
(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.
(b) undertake and publish research that is related to the protection of personal information, including any such research that is requested by the Minister of Industry;
(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.
The identity of the individual(s) designated by the organization to oversee the organization’s compliance with the principles shall be made known upon request.
In obtaining consent, the reasonable expectations of the individual are also relevant. For example, an individual buying a subscription to a magazine should reasonably expect that the organization, in addition to using the individual’s name and address for mailing and billing purposes, would also contact the person to solicit the renewal of the subscription. In this case, the organization can assume that the individual’s request constitutes consent for specific purposes. On the other hand, an individual would not reasonably expect that personal information given to a health-care professional would be given to a company selling health-care products, unless consent were obtained. Consent shall not be obtained through deception.
(b) a checkoff box may be used to allow individuals to request that their names and addresses not be given to other organizations. Individuals who do not check the box are assumed to consent to the transfer of this information to third parties;
Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Note: In certain situations, an organization may not be able to provide access to all the personal information it holds about an individual. Exceptions to the access requirement should be limited and specific. The reasons for denying access should be provided to the individual upon request. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security, or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
Upon request, an organization shall inform an individual whether or not the organization holds personal information about the individual. Organizations are encouraged to indicate the source of this information. The organization shall allow the individual access to this information. However, the organization may choose to make sensitive medical information available through a medical practitioner. In addition, the organization shall provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.
An organization shall respond to an individual’s request within a reasonable time and at minimal or no cost to the individual. The requested information shall be provided or made available in a form that is generally understandable. For example, if the organization uses abbreviations or codes to record information, an explanation shall be provided.
