GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Benefits Standards Act, 1985 — P-7.01 157
157 (1) Paragraph 36(2)(b) of the Act is replaced by the following: (b) any money withdrawn from a pension fund under section 16.4, 16.91 or 26 or subsection 29(12) (2) [In force] (3) The portion of subsection 36(3) of the Act before paragraph (a) is replaced by the following: Exception (3) Subsection (2) does not apply to prevent the assignment of a right or interest in a pension benefit, or in a life annuity of the prescribed kind resulting from a transfer or purchase under section 16.4, 16.91 or 26 or subsection 29(12), if the assignment (4) [In force] (5) Paragraph 36(4)(b) of the Act is replaced by the following: (b) to surrender or commute benefits payable as a result of a transfer or purchase under section 16.4, 16.91 or 26 or subsection 29(12)
Pension Benefits Standards Act, 1985 — P-7.01 158
158 Subsection 39(1) of the Act is amended by adding the following after paragraph (k.2): (k.3) respecting variable life benefits and variable life benefit funds; (k.4) respecting the manner in which the actuarial present value of variable life benefits is to be calculated;
Pension Benefits Standards Act, 1985 — P-7.01 179
2019, c. 29 179 (1) In this section, other Act means the Budget Implementation Act, 2019, No. 1 . (2) If subsections 145(2) and (3) of the other Act come into force before subsection 148 (3) of this Act, then, on the day on which that subsection 148 (3) comes into force, paragraph (b) of the definition former member in subsection 2(1) of the Pension Benefits Standards Act, 1985 is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after that subparagraph: (ii.1) had a life annuity purchased for them that, under section 17.2, satisfies all of the plan’s obligations with respect to their pension benefits or to any other benefit or option referred to in paragraph 17(b), or (3) If subsection 148 (3) of this Act comes into force before subsections 145(2) and (3) of the other Act, then those subsections 145(2) and (3) are replaced by the following: (2) Paragraph (b) of the definition former member in subsection 2(1) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after that subparagraph: (ii.1) had a life annuity purchased for them that, under section 17.2, satisfies all of the plan’s obligations with respect to their pension benefits or to any other benefit or option referred to in paragraph 17(b), or (4) If subsections 145(2) and (3) of the other Act come into force on the same day as subsection 148 (3) of this Act, then those subsections 145(2) and (3) are deemed to have come into force before that subsection 148 (3) and subsection (2) applies as a consequence.
Pension Benefits Standards Act, 1985 — P-7.01 184
184 The Pension Benefits Standards Act, 1985 is amended by adding the following after section 40: Publication of Information Investment information 40.1 Within a reasonable time after the end of each calendar year, the Superintendent shall, in the form and manner that may be prescribed, publish the prescribed information that relates to the investments of prescribed pension plans.
Pension Benefits Standards Act, 1985 — P-7.01 40.1
Investment information 40.1 Within a reasonable time after the end of each calendar year, the Superintendent shall, in the form and manner that may be prescribed, publish the prescribed information that relates to the investments of prescribed pension plans.
Personal Information Protection and Electronic Documents Act — P-8.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Personal Information Protection and Electronic Documents Act — P-8.6 1
Short title 1 This Act may be cited as the Personal Information Protection and Electronic Documents Act .
Personal Information Protection and Electronic Documents Act — P-8.6 2
ncerning 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. ( document ) 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
Personal Information Protection and Electronic Documents Act — P-8.6
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 )
Personal Information Protection and Electronic Documents Act — P-8.6
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 )
Personal Information Protection and Electronic Documents Act — P-8.6
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 )
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
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 )
Personal Information Protection and Electronic Documents Act — P-8.6
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 )
Personal Information Protection and Electronic Documents Act — P-8.6
Commissioner means the Privacy Commissioner appointed under section 53 of the Privacy Act . ( commissaire )
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
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 )
Personal Information Protection and Electronic Documents Act — P-8.6
organization includes an association, a partnership, a person and a trade union. ( organisation )
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
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 Protection and Electronic Documents Act — P-8.6
personal information means information about an identifiable individual. ( renseignement personnel )
Personal Information Protection and Electronic Documents Act — P-8.6
prescribed means prescribed by regulation. ( Version anglaise seulement )
Personal Information Protection and Electronic Documents Act — P-8.6
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. ( document )
Personal Information Protection and Electronic Documents Act — P-8.6 3
Purpose 3 The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.
Personal Information Protection and Electronic Documents Act — P-8.6 4
Application 4 (1) This Part applies to every organization in respect of personal information that (a) the organization collects, uses or discloses in the course of commercial activities; or (b) is about an employee of, or an applicant for employment with, the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business. Application (1.1) This Part applies to an organization set out in column 1 of Schedule 4 in respect of personal information set out in column 2. Limit (2) This Part does not apply to (a) any government institution to which the Privacy Act applies; (b) any individual in respect of personal information that the individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose; or (c) any organization in respect of personal information that the organization collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose. Other Acts * (3) Every provision of this Part applies despite any provision, enacted after this subsection comes into force, of any other Act of Parliament, unless the other Act expressly declares that that provision operates despite the provision of this Part. * [Note: Subsection 4(3) in force January 1, 2001, see SI/2000-29.] 2000, c. 5, s. 4; 2015, c. 32, s. 3, c. 36, s. 164
Personal Information Protection and Electronic Documents Act — P-8.6 4.01
Business contact information 4.01 This Part does not apply to an organization in respect of the business contact information of an individual that the organization collects, uses or discloses solely for the purpose of communicating or facilitating communication with the individual in relation to their employment, business or profession. 2015, c. 32, s. 4
Personal Information Protection and Electronic Documents Act — P-8.6 4.1
Certificate under Canada Evidence Act 4.1 (1) If a certificate under section 38.13 or 38.41 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 their personal information do not apply to the information that is subject to the certificate. Certificate following filing of complaint (2) Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 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: (a) all proceedings under this Part in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued; (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. Information not to be disclosed (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 or 38.41 of the Canada Evidence Act , and shall take every reasonable precaution to avoid the disclosure of that information. Power to delegate (4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 or 38.41 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. 2001, c. 41, s. 103 2024, c. 16, s. 93
Personal Information Protection and Electronic Documents Act — P-8.6 5
Compliance with obligations 5 (1) Subject to sections 6 to 9, every organization shall comply with the obligations set out in Schedule 1. Meaning of should (2) The word should , when used in Schedule 1, indicates a recommendation and does not impose an obligation. Appropriate purposes (3) An organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances.
Personal Information Protection and Electronic Documents Act — P-8.6 6
Effect of designation of individual 6 The designation of an individual under clause 4.1 of Schedule 1 does not relieve the organization of the obligation to comply with the obligations set out in that Schedule.
Personal Information Protection and Electronic Documents Act — P-8.6 6.1
Valid consent 6.1 For the purposes of clause 4.3 of Schedule 1, the consent of an individual is only valid if it is reasonable to expect that an individual to whom the organization’s activities are directed would understand the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting. 2015, c. 32, s. 5
Personal Information Protection and Electronic Documents Act — P-8.6 7
nsent and the organization informs the Commissioner of the disclosure before the information is disclosed; (g) made to an institution whose functions include the conservation of records of historic or archival importance, and the disclosure is made for the purpose of such conservation; (h) made after the earlier of (i) one hundred years after the record containing the information was created, and (ii) twenty years after the death of the individual whom the information is about; (h.1) of information that is publicly available and is specified by the regulations; or (h.2) [Repealed, 2015, c. 32, s. 6] (i) required by law. Use without consent (4) Despite clause 4.5 of Schedule 1, an organization may use personal information for purposes other than those for which it was collected in any of the circumstances set out in subsection (2). Disclosure without consent (5) Despite clause 4.5 of Schedule 1, an organization may disclose personal information for purposes other than those for which it was collected in any of the circumstances set out in paragraphs (3)(a) to (h.1). 2000, c. 5, s. 7, c. 17, s. 97; 2001, c. 41, s. 81; 2004, c. 15, s. 98; 2015, c. 32, s. 6 2024, c. 17, s. 347
Personal Information Protection and Electronic Documents Act — P-8.6 7.1
Definitions 7.1 (1) The following definitions apply in this section. access means to program, to execute programs on, to communicate with, to store data in, to retrieve data from, or to otherwise make use of any resources, including data or programs on a computer system or a computer network. ( utiliser ) computer program has the same meaning as in subsection 342.1(2) of the Criminal Code . ( programme d’ordinateur ) computer system has the same meaning as in subsection 342.1(2) of the Criminal Code . ( ordinateur ) electronic address means an address used in connection with (a) an electronic mail account; (b) an instant messaging account; or (c) any similar account. ( adresse électronique ) Collection of electronic addresses, etc. (2) Paragraphs 7(1)(a) and (b.1) to (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of (a) the collection of an individual’s electronic address, if the address is collected by the use of a computer program that is designed or marketed primarily for use in generating or searching for, and collecting, electronic addresses; or (b) the use of an individual’s electronic address, if the address is collected by the use of a computer program described in paragraph (a). Accessing a computer system to collect personal information, etc. (3) Paragraphs 7(1)(a) to (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of (a) the collection of personal information, through any means of telecommunication, if the collection is made by accessing a computer system or causing a computer system to be accessed in contravention of an Act of Parliament; or (b) the use of personal information that is collected in a manner described in paragraph (a). 2010, c. 23, s. 82; 2015, c. 32, s. 26
Personal Information Protection and Electronic Documents Act — P-8.6
access means to program, to execute programs on, to communicate with, to store data in, to retrieve data from, or to otherwise make use of any resources, including data or programs on a computer system or a computer network. ( utiliser )
Personal Information Protection and Electronic Documents Act — P-8.6
computer program has the same meaning as in subsection 342.1(2) of the Criminal Code . ( programme d’ordinateur )
Personal Information Protection and Electronic Documents Act — P-8.6
computer system has the same meaning as in subsection 342.1(2) of the Criminal Code . ( ordinateur )
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
electronic address means an address used in connection with (a) an electronic mail account; (b) an instant messaging account; or (c) any similar account. ( adresse électronique )
Personal Information Protection and Electronic Documents Act — P-8.6 7.2
Prospective business transaction 7.2 (1) In addition to the circumstances set out in subsections 7(2) and (3), for the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, organizations that are parties to a prospective business transaction may use and disclose personal information without the knowledge or consent of the individual if (a) the organizations have entered into an agreement that requires the organization that receives the personal information (i) to use and disclose that information solely for purposes related to the transaction, (ii) to protect that information by security safeguards appropriate to the sensitivity of the information, and (iii) if the transaction does not proceed, to return that information to the organization that disclosed it, or destroy it, within a reasonable time; and (b) the personal information is necessary (i) to determine whether to proceed with the transaction, and (ii) if the determination is made to proceed with the transaction, to complete it. Completed business transaction (2) In addition to the circumstances set out in subsections 7(2) and (3), for the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, if the business transaction is completed, organizations that are parties to the transaction may use and disclose personal information, which was disclosed under subsection (1), without the knowledge or consent of the individual if (a) the organizations have entered into an agreement that requires each of them (i) to use and disclose the personal information under its control solely for the purposes for which the personal information was collected, permitted to be used or disclosed before the transaction was completed, (ii) to protect that information by security safeguards appropriate to the sensitivity of the information, and (iii) to give effect to any withdrawal of consent made under clause 4.3.8 of Schedule 1; (b) the personal information is necessary for carrying on the business or activity that was the object of the transaction; and (c) one of the parties notifies the individual, within a reasonable time after the transaction is completed, that the transaction has been completed and that their personal information has been disclosed under subsection (1). Agreements binding (3) An organization shall comply with the terms of any agreement into which it enters under paragraph (1)(a) or (2)(a). Exception (4) Subsections (1) and (2) do not apply to a business transaction of which the primary purpose or result is the purchase, sale or other acquisition or disposition, or lease, of personal information. 2015, c. 32, s. 7
Personal Information Protection and Electronic Documents Act — P-8.6 7.3
Employment relationship 7.3 In addition to the circumstances set out in section 7, for the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, a federal work, undertaking or business may collect, use and disclose personal information without the consent of the individual if (a) the collection, use or disclosure is necessary to establish, manage or terminate an employment relationship between the federal work, undertaking or business and the individual; and (b) the federal work, undertaking or business has informed the individual that the personal information will be or may be collected, used or disclosed for those purposes. 2015, c. 32, s. 7