GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Privacy Act — P-21 22
Law enforcement and investigation 22 (1) The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) (a) that was obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to (i) the detection, prevention or suppression of crime, (ii) the enforcement of any law of Canada or a province, or (iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act , if the information came into existence less than twenty years prior to the request; (b) the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information (i) relating to the existence or nature of a particular investigation, (ii) that would reveal the identity of a confidential source of information, or (iii) that was obtained or prepared in the course of an investigation; or (c) the disclosure of which could reasonably be expected to be injurious to the security of penal institutions. Policing services for provinces or municipalities (2) The head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act , where the Government of Canada has, on the request of the province or municipality, agreed not to disclose such information. Definition of investigation (3) For the purposes of paragraph (1)(b), investigation means an investigation that (a) pertains to the administration or enforcement of an Act of Parliament; (b) is authorized by or pursuant to an Act of Parliament; or (c) is within a class of investigations specified in the regulations. 1980-81-82-83, c. 111, Sch. II “22”; 1984, c. 21, s. 90, c. 40, s. 79(E)
Privacy Act — P-21 22.1
Information obtained by Privacy Commissioner 22.1 (1) The Privacy Commissioner shall refuse to disclose any personal information requested under this Act that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner or that was obtained by the Commissioner in the course of a consultation with the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act . Exception (2) However, the Commissioner shall not refuse under subsection (1) to disclose any personal information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded. 2006, c. 9, s. 183 2019, c. 18, s. 48
Privacy Act — P-21 22.2
Public Sector Integrity Commissioner 22.2 The Public Sector Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act. 2005, c. 46, s. 58
Privacy Act — P-21 22.3
Public Servants Disclosure Protection Act 22.3 The head of a government institution shall refuse to disclose personal information requested under subsection 12(1) that was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act. 2005, c. 46, s. 58
Privacy Act — P-21 22.4
Secretariat of National Security and Intelligence Committee of Parliamentarians 22.4 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose personal information requested under subsection 12(1) that was obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate. 2017, c. 15, s. 45
Privacy Act — P-21 23
Security clearances 23 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was obtained or prepared by an investigative body specified in the regulations for the purpose of determining whether to grant security clearances (a) required by the Government of Canada or a government institution in respect of individuals employed by or performing services for the Government of Canada or a government institution, individuals employed by or performing services for a person or body performing services for the Government of Canada or a government institution, individuals seeking to be so employed or seeking to perform those services, or (b) required by the government of a province or a foreign state or an institution thereof, if disclosure of the information could reasonably be expected to reveal the identity of the individual who furnished the investigative body with the information. 1980-81-82-83, c. 111, Sch. II “23”
Privacy Act — P-21 24
Individuals sentenced for an offence 24 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that was collected or obtained by the Correctional Service of Canada or the Parole Board of Canada while the individual who made the request was under sentence for an offence against any Act of Parliament, if the disclosure could reasonably be expected to (a) lead to a serious disruption of the individual’s institutional, parole or statutory release program; or (b) reveal information about the individual originally obtained on a promise of confidentiality, express or implied. R.S., 1985, c. P-21, s. 24; 1994, c. 26, s. 56; 2012, c. 1, s. 160
Privacy Act — P-21 25
Safety of individuals 25 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) the disclosure of which could reasonably be expected to threaten the safety of individuals. 1980-81-82-83, c. 111, Sch. II “25”
Privacy Act — P-21 26
Information about another individual 26 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) about an individual other than the individual who made the request, and shall refuse to disclose such information where the disclosure is prohibited under section 8. 1980-81-82-83, c. 111, Sch. II “26”
Privacy Act — P-21 27
Protected information — solicitors, advocates and notaries 27 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. R.S., 1985, c. P-21, s. 27 2019, c. 18, s. 49
Privacy Act — P-21 27.1
Protected information — patents and trademarks 27.1 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act . 2018, c. 27, s. 274 2014, c. 20, s. 366(E)
Privacy Act — P-21 28
Medical record 28 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that relates to the physical or mental health of the individual who requested it where the examination of the information by the individual would be contrary to the best interests of the individual. 1980-81-82-83, c. 111, Sch. II “28”
Privacy Act — P-21 29
Receipt and investigation of complaints 29 (1) Subject to this Act, the Privacy Commissioner shall receive and investigate complaints (a) from individuals who allege that personal information about themselves held by a government institution has been used or disclosed otherwise than in accordance with section 7 or 8; (b) from individuals who have been refused access to personal information requested under subsection 12(1); (c) from individuals who allege that they are not being accorded the rights to which they are entitled under subsection 12(2) or that corrections of personal information requested under paragraph 12(2)(a) are being refused without justification; (d) from individuals who have requested access to personal information in respect of which a time limit has been extended pursuant to section 15 where they consider the extension unreasonable; (e) from individuals who have not been given access to personal information in the official language requested by the individuals under subsection 17(2); (e.1) from individuals who have not been given access to personal information in an alternative format pursuant to a request made under subsection 17(3); (f) from individuals who have been required to pay a fee that they consider inappropriate; (g) in respect of the index referred to in subsection 11(1); or (h) in respect of any other matter relating to (i) the collection, retention or disposal of personal information by a government institution, (ii) the use or disclosure of personal information under the control of a government institution, or (iii) requesting or obtaining access under subsection 12(1) to personal information. Complaints submitted on behalf of complainants (2) Nothing in this Act precludes the Privacy Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized. Privacy Commissioner may initiate complaint (3) Where the Privacy Commissioner is satisfied that there are reasonable grounds to investigate a matter under this Act, the Commissioner may initiate a complaint in respect thereof. R.S., 1985, c. P-21, s. 29; 1992, c. 21, s. 37
Privacy Act — P-21 30
Written complaint 30 A complaint under this Act shall be made to the Privacy Commissioner in writing unless the Commissioner authorizes otherwise. 1980-81-82-83, c. 111, Sch. II “30”
Privacy Act — P-21 31
Notice of intention to investigate 31 Before commencing an investigation of a complaint under this Act, the Privacy Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint. 1980-81-82-83, c. 111, Sch. II “31”
Privacy Act — P-21 32
Regulation of procedure 32 Subject to this Act, the Privacy Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Act. 1980-81-82-83, c. 111, Sch. II “32”
Privacy Act — P-21 33
Investigations in private 33 (1) Every investigation of a complaint under this Act by the Privacy Commissioner shall be conducted in private. Right to make representation (2) In the course of an investigation of a complaint under this Act by the Privacy Commissioner, the person who made the complaint and the head of the government institution concerned shall be given an opportunity to make representations to the Commissioner, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Commissioner by any other person. 1980-81-82-83, c. 111, Sch. II “33”
Privacy Act — P-21 35
Findings and recommendations of Privacy Commissioner 35 (1) If, on investigating a complaint under this Act in respect of personal information, the Privacy Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution that has control of the personal information with a report containing (a) the findings of the investigation and any recommendations that the Commissioner considers appropriate; and (b) where appropriate, a request that, within a time specified therein, notice be given to the Commissioner 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. Report to complainant (2) The Privacy Commissioner shall, after investigating a complaint under this Act, report to the complainant the results of the investigation, but where a notice has been requested under paragraph (1)(b) no report shall be made under this subsection until the expiration of the time within which the notice is to be given to the Commissioner. Matter to be included in report to complainant (3) Where a notice has been requested under paragraph (1)(b) but no such notice is received by the Commissioner within the time specified therefor or the action described in the notice is, in the opinion of the Commissioner, inadequate or inappropriate or will not be taken in a reasonable time, the Commissioner shall so advise the complainant in his report under subsection (2) and may include in the report such comments on the matter as he thinks fit. Access to be given (4) Where, pursuant to a request under paragraph (1)(b), the head of a government institution gives notice to the Privacy Commissioner that access to personal information will be given to a complainant, the head of the institution shall give the complainant access to the information forthwith on giving the notice. Right of review (5) Where, following the investigation of a complaint relating to a refusal to give access to personal information under this Act, access is not given to the complainant, the Privacy Commissioner shall inform the complainant that the complainant has the right to apply to the Court for a review of the matter investigated. 1980-81-82-83, c. 111, Sch. II “35”
Privacy Act — P-21 36
Investigation of exempt banks 36 (1) The Privacy Commissioner may, from time to time at the discretion of the Commissioner, carry out investigations of the files contained in personal information banks designated as exempt banks under section 18. Sections 31 to 34 apply (2) Sections 31 to 34 apply, where appropriate and with such modifications as the circumstances require, in respect of investigations carried out under subsection (1). Report of findings and recommendations (3) If, following an investigation under subsection (1), the Privacy Commissioner considers that any file contained in a personal information bank should not be contained therein within the terms of the order designating the bank as an exempt bank, the Commissioner shall provide the head of the government institution that has control of the bank with a report containing (a) the findings of the Commissioner and any recommendations that the Commissioner considers appropriate; and (b) where appropriate, a request that, within a time specified therein, notice be given to the Commissioner of any action taken or proposed to be taken to implement the recommendations or reasons why no such action has been or is proposed to be taken. Reports to be included in annual or special reports to Parliament (4) Any report made by the Privacy Commissioner under subsection (3), together with any notice given to the Commissioner in response thereto, may be included in a report made pursuant to section 38 or 39. Review of exempt banks by Court (5) Where the Privacy Commissioner requests a notice under paragraph (3)(b) in respect of any file contained in a personal information bank designated under section 18 as an exempt bank and no notice is received within the time specified therefor or the action described in the notice is, in the opinion of the Commissioner, inadequate or inappropriate or will not be taken in a reasonable time, the Privacy Commissioner may make an application to the Court under section 43. 1980-81-82-83, c. 111, Sch. II “36”
Privacy Act — P-21 37
Investigation in respect of sections 4 to 8 37 (1) The Privacy Commissioner may, from time to time at the discretion of the Commissioner, carry out investigations in respect of personal information under the control of government institutions to ensure compliance with sections 4 to 8. Sections 31 to 34 apply (2) Sections 31 to 34 apply, where appropriate and with such modifications as the circumstances require, in respect of investigations carried out under subsection (1). Report of findings and recommendations (3) If, following an investigation under subsection (1), the Privacy Commissioner considers that a government institution has not complied with sections 4 to 8, the Commissioner shall provide the head of the institution with a report containing the findings of the investigation and any recommendations that the Commissioner considers appropriate. Reports to be included in annual or special reports (4) Any report made by the Privacy Commissioner under subsection (3) may be included in a report made pursuant to section 38 or 39. Coordination with Review Agency (5) The Privacy Commissioner may coordinate his or her activities under subsection (1) with those of the National Security and Intelligence Review Agency under any of paragraphs 8(1)(a) to (c) of the National Security and Intelligence Review Agency Act to avoid any unnecessary duplication of work. R.S., 1985, c. P-21, s. 37 2019, c. 13, s. 37.1
Privacy Act — P-21 38
Annual report 38 The Privacy Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year. 1980-81-82-83, c. 111, Sch. II “38”
Privacy Act — P-21 39
Special reports 39 (1) The Privacy Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 38. Where investigation made (2) Any report made pursuant to subsection (1) that relates to an investigation under this Act shall be made only after the procedures set out in section 35, 36 or 37 have been followed in respect of the investigation. 1980-81-82-83, c. 111, Sch. II “39”
Privacy Act — P-21 40
Transmission of reports 40 (1) Every report to Parliament made by the Privacy Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses. Reference to Parliamentary committee (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of subsection 75(1). 1980-81-82-83, c. 111, Sch. II “40”
Privacy Act — P-21 41
Review by Federal Court where access refused 41 Any individual who has been refused access to personal information requested under subsection 12(1) may, if a complaint has been made to the Privacy Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Privacy Commissioner are reported to the complainant under subsection 35(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow. 1980-81-82-83, c. 111, Sch. II “41”
Privacy Act — P-21 42
Privacy Commissioner may apply or appear 42 The Privacy Commissioner may (a) apply to the Court, within the time limits prescribed by section 41, for a review of any refusal to disclose personal information requested under subsection 12(1) in respect of which an investigation has been carried out by the Privacy Commissioner, if the Commissioner has the consent of the individual who requested access to the information; (b) appear before the Court on behalf of any individual who has applied for a review under section 41; or (c) with leave of the Court, appear as a party to any review applied for under section 41. 1980-81-82-83, c. 111, Sch. II “42”
Privacy Act — P-21 43
Application respecting files in exempt banks 43 In the circumstances described in subsection 36(5), the Privacy Commissioner may apply to the Court for a review of any file contained in a personal information bank designated as an exempt bank under section 18. 1980-81-82-83, c. 111, Sch. II “43”
Privacy Act — P-21 44
Hearing in summary way 44 An application made under section 41, 42 or 43 shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act . R.S., 1985, c. P-21, s. 44; 2002, c. 8, s. 182
Privacy Act — P-21 45
Access to information 45 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41, 42 or 43, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Court may examine under this section may be withheld from the Court on any grounds. R.S., 1985, c. P-21, s. 45 2019, c. 18, s. 51
Privacy Act — P-21 46
Court to take precautions against disclosing 46 (1) In any proceedings before the Court arising from an application under section 41, 42 or 43, 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 (a) any information or other material that the head of a government institution would be authorized to refuse to disclose if it were requested under subsection 12(1) or contained in a record requested under the Access to Information Act ; or (b) any information as to whether personal information exists where the head of a government institution, in refusing to disclose the personal information under this Act, does not indicate whether it exists. Disclosure of offence authorized (2) The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence. R.S., 1985, c. P-21, s. 46; 2006, c. 9, s. 184
Privacy Act — P-21 47
Burden of proof 47 In any proceedings before the Court arising from an application under section 41, 42 or 43, the burden of establishing that the head of a government institution is authorized to refuse to disclose personal information requested under subsection 12(1) or that a file should be included in a personal information bank designated as an exempt bank under section 18 shall be on the government institution concerned. 1980-81-82-83, c. 111, Sch. II “47”
Privacy Act — P-21 48
Order of Court where no authorization to refuse disclosure found 48 Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of a provision of this Act not referred to in section 49, the Court shall, if it determines that the head of the institution is not authorized under this Act to refuse to disclose the personal information, order the head of the institution to disclose the personal information, subject to such conditions as the Court deems appropriate, to the individual who requested access thereto, or shall make such other order as the Court deems appropriate. 1980-81-82-83, c. 111, Sch. II “48”