GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Personal Information Protection and Electronic Documents Act — P-8.6 18
To ensure compliance 18 (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; (b) administer oaths; (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; (d) at any reasonable time, enter any premises, other than a dwelling-house, occupied by the organization on satisfying any security requirements of the organization relating to the premises; (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 (f) examine or obtain copies of or extracts from records found in any premises entered under paragraph (d) that contain any matter relevant to the audit. Delegation (2) The Commissioner may delegate any of the powers set out in subsection (1). Return of records (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. Certificate of delegation (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). 2000, c. 5, s. 18; 2015, c. 32, s. 16
Personal Information Protection and Electronic Documents Act — P-8.6 19
Report of findings and recommendations 19 (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. Reports may be included in annual reports (2) The report may be included in a report made under section 25.
Personal Information Protection and Electronic Documents Act — P-8.6 21
Not competent witness 21 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 (a) a prosecution for an offence under section 28; (b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Part; (c) a hearing before the Court under this Part; or (d) an appeal from a decision of the Court.
Personal Information Protection and Electronic Documents Act — P-8.6 22
Protection of Commissioner 22 (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. Defamation (2) No action lies in defamation with respect to (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
Personal Information Protection and Electronic Documents Act — P-8.6 23
Consultations with provinces 23 (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. Agreements or arrangements with provinces (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; (b) undertake and publish research or develop and publish guidelines or other instruments related to the protection of personal information; (c) develop model contracts or other instruments for the protection of personal information that is collected, used or disclosed interprovincially or internationally; and (d) develop procedures for sharing information referred to in subsection (3). Sharing of information with provinces (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 (a) could be relevant to an ongoing or potential investigation of a complaint or audit under this Part or provincial legislation that has objectives that are similar to this Part; or (b) could assist the Commissioner or that person in the exercise of their functions and duties with respect to the protection of personal information. Purpose and confidentiality (4) The procedures referred to in paragraph (2)(d) shall (a) restrict the use of the information to the purpose for which it was originally shared; and (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
Personal Information Protection and Electronic Documents Act — P-8.6 23.1
Disclosure of information to foreign state 23.1 (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 (b) responsibilities that relate to conduct that is substantially similar to conduct that would be in contravention of this Part. Information that can be shared (2) The information that the Commissioner is authorized to disclose under subsection (1) is information that the Commissioner believes (a) would be relevant to an ongoing or potential investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct that would be in contravention of this Part; or (b) is necessary to disclose in order to obtain from the person or body information that may be useful to an ongoing or potential investigation or audit under this Part. Written arrangements (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 (a) limits the information to be disclosed to that which is necessary for the purpose set out in paragraph (2)(a) or (b); (b) restricts the use of the information to the purpose for which it was originally shared; and (c) stipulates that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner. Arrangements (4) The Commissioner may enter into arrangements with one or more persons or bodies referred to in subsection (1) in order to (a) provide for cooperation with respect to the enforcement of laws protecting personal information, including the sharing of information referred to in subsection (2) and the provision of mechanisms for the handling of any complaint in which they are mutually interested; (b) establish procedures for sharing information referred to in subsection (2); (c) develop recommendations, resolutions, rules, standards or other instruments with respect to the protection of personal information; (d) undertake and publish research related to the protection of personal information; (e) share knowledge and expertise by different means, including through staff exchanges; or (f) identify issues of mutual interest and determine priorities pertaining to the protection of personal information. 2010, c. 23, s. 87
Personal Information Protection and Electronic Documents Act — P-8.6 24
Promoting the purposes of the Part 24 The Commissioner shall (a) develop and conduct information programs to foster public understanding, and recognition of the purposes, of this Part; (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; (c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with Divisions 1 and 1.1; and (d) promote, by any means that the Commissioner considers appropriate, the purposes of this Part. 2000, c. 5, s. 24; 2015, c. 32, s. 19
Personal Information Protection and Electronic Documents Act — P-8.6 25
Annual report 25 (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. Consultation (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. 2000, c. 5, s. 25; 2015, c. 32, s. 20
Personal Information Protection and Electronic Documents Act — P-8.6 26
Regulations 26 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations (a) specifying, by name or by class, what is a government institution or part of a government institution for the purposes of any provision of this Part; (a.01) [Repealed, 2015, c. 32, s. 21] (a.1) specifying information or classes of information for the purpose of paragraph 7(1)(d), (2)(c.1) or (3)(h.1); (b) specifying information to be kept and maintained under subsection 10.3(1); and (c) prescribing anything that by this Part is to be prescribed. Orders (2) The Governor in Council may, by order, (a) provide that this Part is binding on any agent of Her Majesty in right of Canada to which the Privacy Act does not apply; (b) if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province; and (c) amend Schedule 4. 2000, c. 5, s. 26; 2015, c. 32, s. 21, c. 36, s. 165
Personal Information Protection and Electronic Documents Act — P-8.6 27
Whistleblowing 27 (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. Confidentiality (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
Personal Information Protection and Electronic Documents Act — P-8.6 27.1
Prohibition 27.1 (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that (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; (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1 or 1.1; (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 or 1.1 not be contravened; or (d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c). Saving (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement. Definitions (3) In this section, employee includes an independent contractor and employer has a corresponding meaning. 2000, c. 5, s. 27.1; 2015, c. 32, s. 23
Personal Information Protection and Electronic Documents Act — P-8.6 28
Offence and punishment 28 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) an offence punishable on summary conviction and liable to a fine not exceeding $10,000; or (b) an indictable offence and liable to a fine not exceeding $100,000. 2000, c. 5, s. 28; 2015, c. 32, s. 24
Personal Information Protection and Electronic Documents Act — P-8.6 Review of Part by parliamentary committee
Review of Part by parliamentary committee * 29 (1) The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose. * [Note: Part 1 in force January 1, 2001, see SI/2000-29.] Review and report (2) The committee shall undertake a review of the provisions and operation of this Part and shall, within a year after the review is undertaken or within any further period that the House of Commons may authorize, submit a report to Parliament that includes a statement of any changes to this Part or its administration that the committee recommends.
Personal Information Protection and Electronic Documents Act — P-8.6 30
Application 30 (1) This Part does not apply to any organization in respect of personal information that it collects, uses or discloses within a province whose legislature has the power to regulate the collection, use or disclosure of the information, unless the organization does it in connection with the operation of a federal work, undertaking or business or the organization discloses the information outside the province for consideration. Application (1.1) This Part does not apply to any organization in respect of personal health information that it collects, uses or discloses. Expiry date * (2) Subsection (1) ceases to have effect three years after the day on which this section comes into force. * [Note: Section 30 in force January 1, 2001, see SI/2000-29.] Expiry date * (2.1) Subsection (1.1) ceases to have effect one year after the day on which this section comes into force. * [Note: Section 30 in force January 1, 2001, see SI/2000-29.]
Personal Information Protection and Electronic Documents Act — P-8.6 31
Definitions 31 (1) The definitions in this subsection apply in this Part. data means representations of information or concepts, in any form. ( données ) electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. ( document électronique ) electronic signature means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document. ( signature électronique ) federal law means an Act of Parliament or an instrument, regardless of its name, issued, made or established under an Act of Parliament or a prerogative of the Crown, other than an instrument issued, made or established under the Yukon Act , the Northwest Territories Act or the Nunavut Act . ( texte législatif ) responsible authority , in respect of a provision of a federal law, means (a) if the federal law is an Act of Parliament, the minister responsible for that provision; (b) if the federal law is an instrument issued, made or established under an Act of Parliament or a prerogative of the Crown, the person or body who issued, made or established the instrument; or (c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2). ( autorité responsable ) secure electronic signature means an electronic signature that results from the application of a technology or process prescribed by regulations made under subsection 48(1). ( signature électronique sécurisée ) Designation (2) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any member of the Queen’s Privy Council for Canada, or body to be the responsible authority in respect of a provision of a federal law if the Governor in Council is of the opinion that it is appropriate to do so in the circumstances.
Personal Information Protection and Electronic Documents Act — P-8.6
data means representations of information or concepts, in any form. ( données )
Personal Information Protection and Electronic Documents Act — P-8.6
electronic document means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data. ( document électronique )
Personal Information Protection and Electronic Documents Act — P-8.6
electronic signature means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document. ( signature électronique )
Personal Information Protection and Electronic Documents Act — P-8.6
federal law means an Act of Parliament or an instrument, regardless of its name, issued, made or established under an Act of Parliament or a prerogative of the Crown, other than an instrument issued, made or established under the Yukon Act , the Northwest Territories Act or the Nunavut Act . ( texte législatif )
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
responsible authority , in respect of a provision of a federal law, means (a) if the federal law is an Act of Parliament, the minister responsible for that provision; (b) if the federal law is an instrument issued, made or established under an Act of Parliament or a prerogative of the Crown, the person or body who issued, made or established the instrument; or (c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2). ( autorité responsable )
Personal Information Protection and Electronic Documents Act — P-8.6
secure electronic signature means an electronic signature that results from the application of a technology or process prescribed by regulations made under subsection 48(1). ( signature électronique sécurisée )
Personal Information Protection and Electronic Documents Act — P-8.6 32
Purpose 32 The purpose of this Part is to provide for the use of electronic alternatives in the manner provided for in this Part where federal laws contemplate the use of paper to record or communicate information or transactions.
Personal Information Protection and Electronic Documents Act — P-8.6 33
Collection, storage, etc. 33 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.
Personal Information Protection and Electronic Documents Act — P-8.6 34
Electronic payment 34 A payment that is required to be made to the Government of Canada may be made in electronic form in any manner specified by the Receiver General.
Personal Information Protection and Electronic Documents Act — P-8.6 35
Electronic version of statutory form 35 (1) If a provision of an Act of Parliament establishes a form, the responsible authority in respect of that provision may make regulations respecting an electronic form that is substantially the same as the form established in the provision, and the electronic form may be used for the same purposes as the form established in the provision. Statutory manner of filing documents (2) If a non-electronic manner of filing a document is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the filing of an electronic version of the document, and an electronic version of the document filed in accordance with those regulations is to be considered as a document filed in accordance with the provision. Statutory manner of submitting information (3) If a non-electronic manner of submitting information is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the manner of submitting the information using electronic means, and information submitted in accordance with those regulations is to be considered as information submitted in accordance with the provision. Authority to prescribe form, etc. (4) The authority under a federal law to issue, prescribe or in any other manner establish a form, or to establish the manner of filing a document or submitting information, includes the authority to issue, prescribe or establish an electronic form, or to establish an electronic manner of filing the document or submitting information, as the case may be. Meaning of filing (5) In this section, filing includes all manner of submitting, regardless of how it is designated.
Personal Information Protection and Electronic Documents Act — P-8.6 36
Documents as evidence or proof 36 A provision of a federal law that provides that a certificate or other document signed by a minister or public officer is proof of any matter or thing, or is admissible in evidence, is, subject to the federal law, satisfied by an electronic version of the certificate or other document if the electronic version is signed by the minister or public officer with that person’s secure electronic signature.