GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Privacy Act — P-21 49
Order of Court where reasonable grounds of injury not found 49 Where the head of a government institution refuses to disclose personal information requested under subsection 12(1) on the basis of section 20 or 21 or paragraph 22(1)(b) or (c) or 24(a), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which 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 “49”
Privacy Act — P-21 50
Order to remove file from exempt bank 50 Where the Privacy Commissioner makes an application to the Court under section 43 for a review of a file contained in a personal information bank designated as an exempt bank under section 18, the Court shall, if it determines (a) in the case of a file contained in the bank on the basis of personal information described in paragraph 22(1)(a) or subsection 22(2), that the file should not be included therein, or (b) in the case of a file contained in the bank on the basis of personal information described in section 21 or paragraph 22(1)(b) or (c), that reasonable grounds do not exist on which to include the file in the bank, order the head of the government institution that has control of the bank to remove the file from the bank or make such other order as the Court deems appropriate. 1980-81-82-83, c. 111, Sch. II “50”; 1984, c. 40, s. 60
Privacy Act — P-21 51
Actions relating to international affairs and defence 51 (1) Any application under section 41 or 42 relating to personal information that the head of a government institution has refused to disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in respect of a file contained in a personal information bank designated as an exempt bank under section 18 to contain files all of which consist predominantly of personal information described in section 21, shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of the Court that the Chief Justice may designate to hear the applications. Special rules for hearings (2) An application referred to in subsection (1) or an appeal brought in respect of such application shall (a) be heard in camera ; and (b) on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act . Ex parte representations (3) During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte . R.S., 1985, c. P-21, s. 51; 2002, c. 8, s. 159
Privacy Act — P-21 52
Costs 52 (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise. Idem (2) Where the Court is of the opinion that an application for review under section 41 or 42 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result. 1980-81-82-83, c. 111, Sch. II “52”
Privacy Act — P-21 53
Appointment 53 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons. Tenure (2) Subject to this section, the Privacy Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons. Further terms (3) The Privacy Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years. Interim appointment (4) In the event of the absence or incapacity of the Privacy Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council. R.S., 1985, c. P-21, s. 53; 2006, c. 9, s. 118 2022, c. 10, s. 247
Privacy Act — P-21 54
Rank, powers and duties generally 54 (1) The Privacy Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Privacy Commissioner under this Act or any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward. Salary and expenses (2) The Privacy Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament. Pension benefits (3) The provisions of the Public Service Superannuation Act , other than those relating to tenure of office, apply to the Privacy Commissioner, except that a person appointed as Privacy Commissioner from outside the public service, as defined in the Public Service Superannuation Act , may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act , in which case the provisions of that Act, other than those relating to tenure of office, apply to the Privacy Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply. Other benefits (4) The Privacy Commissioner is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. P-21, s. 54; 2002, c. 8, s. 160; 2003, c. 22, s. 225(E)
Privacy Act — P-21 55
Information Commissioner may be appointed as Privacy Commissioner 55 (1) The Governor in Council may appoint as Privacy Commissioner under section 53 the Information Commissioner appointed under the Access to Information Act . Salary (2) In the event that the Information Commissioner is appointed in accordance with subsection (1) as Privacy Commissioner, the Privacy Commissioner shall, notwithstanding subsection 54(2), be paid the salary of the Information Commissioner but not the salary of the Privacy Commissioner. 1980-81-82-83, c. 111, Sch. II “55”
Privacy Act — P-21 56
Appointment of Assistant Privacy Commissioner 56 (1) The Governor in Council may, on the recommendation of the Privacy Commissioner, appoint one or more Assistant Privacy Commissioners. Tenure of office and removal of Assistant Privacy Commissioner (2) Subject to this section, an Assistant Privacy Commissioner holds office during good behaviour for a term not exceeding five years. Further terms (3) An Assistant Privacy Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years. 1980-81-82-83, c. 111, Sch. II “56”; 1984, c. 40, s. 79(E)
Privacy Act — P-21 57
Duties generally 57 (1) An Assistant Privacy Commissioner shall engage exclusively in such duties or functions of the office of the Privacy Commissioner under this Act or any other Act of Parliament as are delegated by the Privacy Commissioner to that Assistant Privacy Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward. Salary and expenses (2) An Assistant Privacy Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament as the Privacy Commissioner considers reasonable. Pension benefits (3) The provisions of the Public Service Superannuation Act , other than those relating to tenure of office, apply to an Assistant Privacy Commissioner. Other benefits (4) An Assistant Privacy Commissioner is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . 1980-81-82-83, c. 111, Sch. II “57”
Privacy Act — P-21 58
Staff of the Privacy Commissioner 58 (1) Such officers and employees as are necessary to enable the Privacy Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act . Technical assistance (2) The Privacy Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of such persons. R.S., 1985, c. P-21, s. 58; 2006, c. 9, s. 185(F)
Privacy Act — P-21 59
Delegation by Privacy Commissioner 59 (1) Subject to subsection (2), the Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except (a) in any case other than a delegation to an Assistant Privacy Commissioner, the power to delegate under this section; and (b) in any case, the powers, duties or functions set out in sections 38 and 39. Delegations of investigations relating to international affairs and defence (2) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate (a) the investigation of any complaint resulting from a refusal by the head of a government institution to disclose personal information by reason of paragraph 19(1)(a) or (b) or section 21, or (b) the investigation under section 36 of files contained in a personal information bank designated under section 18 as an exempt bank on the basis of personal information described in section 21 except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations. Delegation by Assistant Privacy Commissioner (3) An Assistant Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Privacy Commissioner may specify, any of the powers, duties or functions of the Privacy Commissioner under this Act that the Assistant Privacy Commissioner is authorized by the Privacy Commissioner to exercise or perform. 1980-81-82-83, c. 111, Sch. II “59”
Privacy Act — P-21 60
Special studies 60 (1) The Privacy Commissioner shall carry out or cause to be carried out such studies as may be referred to the Commissioner by the Minister of Justice (a) relating to the privacy of individuals, (b) concerning the extension of the rights to which individuals are entitled under this Act in respect of personal information about themselves, and (c) relating to the collection, retention, disposal, use or disclosure of personal information by persons or bodies, other than government institutions, that come within the legislative authority of Parliament, and the Privacy Commissioner shall report thereon to the Minister of Justice from time to time. Reports to be tabled (2) The Minister of Justice shall cause each report by the Privacy Commissioner under subsection (1) to be laid before Parliament on any of the first fifteen days after receipt thereof that either House of Parliament is sitting. 1980-81-82-83, c. 111, Sch. II “60”
Privacy Act — P-21 61
Principal office 61 The principal office of the Privacy Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act . 1980-81-82-83, c. 111, Sch. II “61”
Privacy Act — P-21 62
Security requirements 62 The Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Act or any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information. 1980-81-82-83, c. 111, Sch. II “62”
Privacy Act — P-21 63
Confidentiality 63 Subject to this Act, the Privacy Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act. 1980-81-82-83, c. 111, Sch. II “63”
Privacy Act — P-21 64
Disclosure authorized 64 (1) The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information (a) that, in the opinion of the Commissioner, is necessary to (i) carry out an investigation under this Act, or (ii) establish the grounds for findings and recommendations contained in any report under this Act; or (b) in the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act or a review before the Court under this Act or Part 1 of the Access to Information Act or an appeal from a review of that Court. Disclosure of offence authorized (2) The Privacy Commissioner may disclose to the Attorney General of Canada 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 Commissioner’s opinion, there is evidence of such an offence. Provision of information (3) The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose — to the extent that the Commissioner or the authorized person, as the case may be, considers necessary for the purpose of subsection 37(5) — information concerning the Commissioner’s activities under subsection 37(1) to the National Security and Intelligence Review Agency. R.S., 1985, c. P-21, s. 64; R.S., 1985, c. 27 (1st Supp.), s. 187; 2006, c. 9, s. 186 2019, c. 13, s. 37.2 2019, c. 18, s. 52
Privacy Act — P-21 65
Information not to be disclosed 65 In carrying out an investigation under this Act, in notifying an individual of a disclosure under subsection 8(5) and in any report made to Parliament under section 38 or 39, the Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, (a) any information 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. 1980-81-82-83, c. 111, Sch. II “65”
Privacy Act — P-21 66
No summons 66 The Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal from a review of that Court. R.S., 1985, c. P-21, s. 66; R.S., 1985, c. 27 (1st Supp.), s. 187 2019, c. 18, s. 53
Privacy Act — P-21 66.1
For greater certainty 66.1 For greater certainty, sections 63 and 66 apply if the Privacy Commissioner is consulted by the Information Commissioner under subsection 36(1.1) or section 36.2 of the Access to Information Act . 2019, c. 18, s. 53
Privacy Act — P-21 67
Protection of Privacy Commissioner 67 (1) No criminal or civil proceedings lie against the Privacy Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act. Libel or slander (2) For the purposes of any law relating to libel or slander, (a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation carried out by or on behalf of the Privacy Commissioner under this Act is privileged; and (b) any report made in good faith by the Privacy Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged. 1980-81-82-83, c. 111, Sch. II “67”
Privacy Act — P-21 68
Obstruction 68 (1) No person shall obstruct the Privacy Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Act. Offence and punishment (2) Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars. 1980-81-82-83, c. 111, Sch. II “68”
Privacy Act — P-21 69
Act does not apply to certain materials 69 (1) This Act does not apply to (a) library or museum material preserved solely for public reference or exhibition purposes; or (b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions. Sections 7 and 8 do not apply to certain information (2) Sections 7 and 8 do not apply to personal information that is publicly available. R.S., 1985, c. P-21, s. 69; R.S., 1985, c. 1 (3rd Supp.), s. 12; 1990, c. 3, s. 32; 1992, c. 1, s. 143(E); 2004, c. 11, s. 39; 2008, c. 9, s. 10; 2010, c. 7, s. 9; 2013, c. 38, s. 18
Privacy Act — P-21 69.1
Canadian Broadcasting Corporation 69.1 This Act does not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose. 2006, c. 9, s. 188
Privacy Act — P-21 70
Confidences of the Queen’s Privy Council for Canada 70 (1) This Act does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, any information contained in (a) memoranda the purpose of which is to present proposals or recommendations to Council; (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions; (c) agenda of Council or records recording deliberations or decisions of Council; (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); and (f) draft legislation. Definition of Council (2) For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet. Exception (3) Subsection (1) does not apply to (a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or (b) discussion papers described in paragraph (1)(b) (i) if the decisions to which the discussion papers relate have been made public, or (ii) where the decisions have not been made public, if four years have passed since the decisions were made. R.S., 1985, c. P-21, s. 70; 1992, c. 1, s. 144(F)
Privacy Act — P-21 70.1
Certificate under Canada Evidence Act 70.1 (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 Act in respect of a request for access to that information, the provisions of this Act 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 Act, 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 in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information, (a) all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued; (b) the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and (c) the Privacy Commissioner shall, within 10 days after the certificate is published in the Canada Gazette , return the information to the head of the government institution that controls the information. Information not to be disclosed (3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, 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. Limited power of delegation (4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting 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. 104 2024, c. 16, s. 92