GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Personal Information Protection and Electronic Documents Act — P-8.6 37
Retention of documents 37 A requirement under a provision of a federal law to retain a document for a specified period is satisfied, with respect to an electronic document, by the retention of the electronic document if (a) the electronic document is retained for the specified period in the format in which it was made, sent or received, or in a format that does not change the information contained in the electronic document that was originally made, sent or received; (b) the information in the electronic document will be readable or perceivable by any person who is entitled to have access to the electronic document or who is authorized to require the production of the electronic document; and (c) if the electronic document was sent or received, any information that identifies the origin and destination of the electronic document and the date and time when it was sent or received is also retained.
Personal Information Protection and Electronic Documents Act — P-8.6 38
Notarial act 38 A reference in a provision of a federal law to a document recognized as a notarial act in the province of Quebec is deemed to include an electronic version of the document if (a) the electronic version of the document is recognized as a notarial act under the laws of the province of Quebec; and (b) the federal law or the provision is listed in Schedule 2 or 3.
Personal Information Protection and Electronic Documents Act — P-8.6 39
Seals 39 A requirement under a provision of a federal law for a person’s seal is satisfied by a secure electronic signature that identifies the secure electronic signature as the person’s seal if the federal law or the provision is listed in Schedule 2 or 3.
Personal Information Protection and Electronic Documents Act — P-8.6 40
Requirements to provide documents or information 40 A provision of a federal law requiring a person to provide another person with a document or information, other than a provision referred to in any of sections 41 to 47, is satisfied by the provision of the document or information in electronic form if (a) the federal law or the provision is listed in Schedule 2 or 3; (b) both persons have agreed to the document or information being provided in electronic form; and (c) the document or information in electronic form will be under the control of the person to whom it is provided and will be readable or perceivable so as to be usable for subsequent reference.
Personal Information Protection and Electronic Documents Act — P-8.6 41
Writing requirements 41 A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if (a) the federal law or the provision is listed in Schedule 2 or 3; and (b) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 42
Original documents 42 A requirement under a provision of a federal law for a document to be in its original form is satisfied by an electronic document if (a) the federal law or the provision is listed in Schedule 2 or 3; (b) the electronic document contains a secure electronic signature that was added when the electronic document was first generated in its final form and that can be used to verify that the electronic document has not been changed since that time; and (c) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 43
Signatures 43 Subject to sections 44 to 46, a requirement under a provision of a federal law for a signature is satisfied by an electronic signature if (a) the federal law or the provision is listed in Schedule 2 or 3; and (b) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 44
Statements made under oath 44 A statement required to be made under oath or solemn affirmation under a provision of a federal law may be made in electronic form if (a) the person who makes the statement signs it with that person’s secure electronic signature; (b) the person before whom the statement was made, and who is authorized to take statements under oath or solemn affirmation, signs it with that person’s secure electronic signature; (c) the federal law or the provision is listed in Schedule 2 or 3; and (d) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 45
Statements declaring truth, etc. 45 A statement required to be made under a provision of a federal law declaring or certifying that any information given by a person making the statement is true, accurate or complete may be made in electronic form if (a) the person signs it with that person’s secure electronic signature; (b) the federal law or the provision is listed in Schedule 2 or 3; and (c) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 46
Witnessed signatures 46 A requirement under a provision of a federal law for a signature to be witnessed is satisfied with respect to an electronic document if (a) each signatory and each witness signs the electronic document with their secure electronic signature; (b) the federal law or the provision is listed in Schedule 2 or 3; and (c) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 47
Copies 47 A requirement under a provision of a federal law for one or more copies of a document to be submitted is satisfied by the submission of an electronic document if (a) the federal law or the provision is listed in Schedule 2 or 3; and (b) the regulations respecting the application of this section to the provision have been complied with.
Personal Information Protection and Electronic Documents Act — P-8.6 48
Regulations 48 (1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, make regulations prescribing technologies or processes for the purpose of the definition secure electronic signature in subsection 31(1). Characteristics (2) The Governor in Council may prescribe a technology or process only if the Governor in Council is satisfied that it can be proved that (a) the electronic signature resulting from the use by a person of the technology or process is unique to the person; (b) the use of the technology or process by a person to incorporate, attach or associate the person’s electronic signature to an electronic document is under the sole control of the person; (c) the technology or process can be used to identify the person using the technology or process; and (d) the electronic signature can be linked with an electronic document in such a way that it can be used to determine whether the electronic document has been changed since the electronic signature was incorporated in, attached to or associated with the electronic document. Effect of amendment or repeal (3) An amendment to or repeal of any provision of a regulation made under subsection (1) that has the effect of removing a prescribed technology or process from the regulation does not, by itself, affect the validity of any electronic signature resulting from the use of that technology or process while it was prescribed.
Personal Information Protection and Electronic Documents Act — P-8.6 49
Amendment of schedules 49 For the purposes of sections 38 to 47, the responsible authority in respect of a provision of a federal law may, by order, amend Schedule 2 or 3 by adding or striking out a reference to that federal law or provision.
Personal Information Protection and Electronic Documents Act — P-8.6 50
Regulations 50 (1) For the purposes of sections 41 to 47, the responsible authority in respect of a provision of a federal law may make regulations respecting the application of those sections to the provision. Contents (2) Without restricting the generality of subsection (1), the regulations that may be made may include rules respecting any of the following: (a) the technology or process that must be used to make or send an electronic document; (b) the format of an electronic document; (c) the place where an electronic document is to be made or sent; (d) the time and circumstances when an electronic document is to be considered to be sent or received and the place where it is considered to have been sent or received; (e) the technology or process to be used to make or verify an electronic signature and the manner in which it is to be used; and (f) any matter necessary for the purposes of the application of sections 41 to 47. Minimum rules (3) Without restricting the generality of subsection (1), if a provision referred to in any of sections 41 to 47 requires a person to provide another person with a document or information, the rules set out in the regulations respecting the application of that section to the provision may be that (a) both persons have agreed to the document or information being provided in electronic form; and (b) the document or information in electronic form will be under the control of the person to whom it is provided and will be readable or perceivable so as to be usable for subsequent reference. Incorporation by reference (4) Regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they read at a fixed time or as they are amended from time to time.
Personal Information Protection and Electronic Documents Act — P-8.6 51
Effect of striking out listed provision 51 The striking out of a reference to a federal law or provision in Schedule 2 or 3 does not affect the validity of anything done in compliance with any regulation made under section 50 that relates to that federal law or provision while it was listed in that Schedule.
Personal Information Protection and Electronic Documents Act — P-8.6 Coming into force
Coming into force * 72 Parts 1 to 5 or any provision of those Parts come into force on a day or days to be fixed by order of the Governor in Council made on the recommendation of (a) in the case of Parts 1 and 2 or any provision of those Parts, the Minister of Industry; and (b) in the case of Parts 3 to 5 or any provision of those Parts, the Minister of Justice. * [Note: Parts 2, 3 and 4 in force May 1, 2000; Part 1 in force January 1, 2001, see SI/2000-29; Part 5 in force June 1, 2009, see SI/2009-42.]
Personal Information Protection and Electronic Documents Act — P-8.6
An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with the following principles.
Personal Information Protection and Electronic Documents Act — P-8.6
4.1.1 Accountability for the organization’s compliance with the principles rests with the designated individual(s), even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of the designated individual(s).
Personal Information Protection and Electronic Documents Act — P-8.6
Accountability for the organization’s compliance with the principles rests with the designated individual(s), even though other individuals within the organization may be responsible for the day-to-day collection and processing of personal information. In addition, other individuals within the organization may be delegated to act on behalf of the designated individual(s).
Personal Information Protection and Electronic Documents Act — P-8.6
4.1.2 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.
Personal Information Protection and Electronic Documents Act — P-8.6
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.
Personal Information Protection and Electronic Documents Act — P-8.6
4.1.3 An organization is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. The organization shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
Personal Information Protection and Electronic Documents Act — P-8.6
An organization is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. The organization shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
4.1.4 Organizations shall implement policies and practices to give effect to the principles, including (a) implementing procedures to protect personal information; (b) establishing procedures to receive and respond to complaints and inquiries; (c) training staff and communicating to staff information about the organization’s policies and practices; and (d) developing information to explain the organization’s policies and procedures.
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
Organizations shall implement policies and practices to give effect to the principles, including (a) implementing procedures to protect personal information; (b) establishing procedures to receive and respond to complaints and inquiries; (c) training staff and communicating to staff information about the organization’s policies and practices; and (d) developing information to explain the organization’s policies and procedures.
Personal Information Protection and Electronic Documents Act — P-8.6 (a)
(a) implementing procedures to protect personal information;
Personal Information Protection and Electronic Documents Act — P-8.6 (b)
(b) establishing procedures to receive and respond to complaints and inquiries;
Personal Information Protection and Electronic Documents Act — P-8.6 (c)
(c) training staff and communicating to staff information about the organization’s policies and practices; and
Personal Information Protection and Electronic Documents Act — P-8.6 (d)
(d) developing information to explain the organization’s policies and procedures.
Personal Information Protection and Electronic Documents Act — P-8.6
The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.
Personal Information Protection and Electronic Documents Act — P-8.6
4.2.1 The organization shall document the purposes for which personal information is collected in order to comply with the Openness principle (Clause 4.8) and the Individual Access principle (Clause 4.9).
Personal Information Protection and Electronic Documents Act — P-8.6
The organization shall document the purposes for which personal information is collected in order to comply with the Openness principle (Clause 4.8) and the Individual Access principle (Clause 4.9).
Personal Information Protection and Electronic Documents Act — P-8.6
4.2.2 Identifying the purposes for which personal information is collected at or before the time of collection allows organizations to determine the information they need to collect to fulfil these purposes. The Limiting Collection principle (Clause 4.4) requires an organization to collect only that information necessary for the purposes that have been identified.
Personal Information Protection and Electronic Documents Act — P-8.6
Identifying the purposes for which personal information is collected at or before the time of collection allows organizations to determine the information they need to collect to fulfil these purposes. The Limiting Collection principle (Clause 4.4) requires an organization to collect only that information necessary for the purposes that have been identified.
Personal Information Protection and Electronic Documents Act — P-8.6
4.2.3 The identified purposes should be specified at or before the time of collection to the individual from whom the personal information is collected. Depending upon the way in which the information is collected, this can be done orally or in writing. An application form, for example, may give notice of the purposes.
Personal Information Protection and Electronic Documents Act — P-8.6
The identified purposes should be specified at or before the time of collection to the individual from whom the personal information is collected. Depending upon the way in which the information is collected, this can be done orally or in writing. An application form, for example, may give notice of the purposes.
Personal Information Protection and Electronic Documents Act — P-8.6
4.2.4 When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is required by law, the consent of the individual is required before information can be used for that purpose. For an elaboration on consent, please refer to the Consent principle (Clause 4.3).
Personal Information Protection and Electronic Documents Act — P-8.6
When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is required by law, the consent of the individual is required before information can be used for that purpose. For an elaboration on consent, please refer to the Consent principle (Clause 4.3).
Personal Information Protection and Electronic Documents Act — P-8.6
4.2.5 Persons collecting personal information should be able to explain to individuals the purposes for which the information is being collected.
Personal Information Protection and Electronic Documents Act — P-8.6
Persons collecting personal information should be able to explain to individuals the purposes for which the information is being collected.
Personal Information Protection and Electronic Documents Act — P-8.6
4.2.6 This principle is linked closely to the Limiting Collection principle (Clause 4.4) and the Limiting Use, Disclosure, and Retention principle (Clause 4.5).
Personal Information Protection and Electronic Documents Act — P-8.6
This principle is linked closely to the Limiting Collection principle (Clause 4.4) and the Limiting Use, Disclosure, and Retention principle (Clause 4.5).
Personal Information Protection and Electronic Documents Act — P-8.6
The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.
Personal Information Protection and Electronic Documents Act — P-8.6
4.3.1 Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Typically, an organization will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when an organization wants to use information for a purpose not previously identified).
Personal Information Protection and Electronic Documents Act — P-8.6
Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Typically, an organization will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when an organization wants to use information for a purpose not previously identified).
Personal Information Protection and Electronic Documents Act — P-8.6
4.3.2 The principle requires “knowledge and consent”. Organizations shall make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes must be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
Personal Information Protection and Electronic Documents Act — P-8.6
The principle requires “knowledge and consent”. Organizations shall make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes must be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
Personal Information Protection and Electronic Documents Act — P-8.6
4.3.3 An organization shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified, and legitimate purposes.
Personal Information Protection and Electronic Documents Act — P-8.6
An organization shall not, as a condition of the supply of a product or service, require an individual to consent to the collection, use, or disclosure of information beyond that required to fulfil the explicitly specified, and legitimate purposes.
Personal Information Protection and Electronic Documents Act — P-8.6
4.3.4 The form of the consent sought by the organization may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, organizations shall take into account the sensitivity of the information. Although some information (for example, medical records and income records) is almost always considered to be sensitive, any information can be sensitive, depending on the context. For example, the names and addresses of subscribers to a newsmagazine would generally not be considered sensitive information. However, the names and addresses of subscribers to some special-interest magazines might be considered sensitive.
Personal Information Protection and Electronic Documents Act — P-8.6
The form of the consent sought by the organization may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, organizations shall take into account the sensitivity of the information. Although some information (for example, medical records and income records) is almost always considered to be sensitive, any information can be sensitive, depending on the context. For example, the names and addresses of subscribers to a newsmagazine would generally not be considered sensitive information. However, the names and addresses of subscribers to some special-interest magazines might be considered sensitive.
Personal Information Protection and Electronic Documents Act — P-8.6
4.3.5 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.