GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Privacy Act — P-21
administrative purpose , in relation to the use of personal information about an individual, means the use of that information in a decision making process that directly affects that individual; ( fins administratives )
Privacy Act — P-21
alternative format , with respect to personal information, means a format that allows a person with a sensory disability to read or listen to the personal information; ( support de substitution )
Privacy Act — P-21
designated Minister means a person who is designated as the Minister under subsection 3.1(1); ( ministre désigné )
Privacy Act — P-21 (a)
government institution means (a) any department or ministry of state of the Government of Canada, or any body or office, listed in the schedule, and (b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act ; ( institution fédérale )
Privacy Act — P-21 (a)
head , in respect of a government institution, means (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or (b) in any other case, either the person designated under subsection 3.1(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; ( responsable d’institution fédérale )
Privacy Act — P-21
personal information bank means a collection or grouping of personal information described in section 10; ( fichier de renseignements personnels )
Privacy Act — P-21
Privacy Commissioner means the Commissioner appointed under section 53; ( Commissaire à la protection de la vie privée )
Privacy Act — P-21
sensory disability means a disability that relates to sight or hearing. ( déficience sensorielle )
Privacy Act — P-21 3.01
For greater certainty 3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act . For greater certainty (2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act. 2006, c. 9, s. 182
Privacy Act — P-21 3.02
Application 3.02 Paragraph (j.1) of the definition personal information in section 3 applies only to records created on or after the day on which that paragraph comes into force. 2019, c. 18, s. 47.1
Privacy Act — P-21 3.1
Power to designate Minister 3.1 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act. Power to designate head (2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act. 2006, c. 9, s. 182
Privacy Act — P-21 4
Collection of personal information 4 No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution. 1980-81-82-83, c. 111, Sch. II “4”
Privacy Act — P-21 5
Personal information to be collected directly 5 (1) A government institution shall, wherever possible, collect personal information that is intended to be used for an administrative purpose directly from the individual to whom it relates except where the individual authorizes otherwise or where personal information may be disclosed to the institution under subsection 8(2). Individual to be informed of purpose (2) A government institution shall inform any individual from whom the institution collects personal information about the individual of the purpose for which the information is being collected. Exception (3) Subsections (1) and (2) do not apply where compliance therewith might (a) result in the collection of inaccurate information; or (b) defeat the purpose or prejudice the use for which information is collected. 1980-81-82-83, c. 111, Sch. II “5”
Privacy Act — P-21 6
Retention of personal information used for an administrative purpose 6 (1) Personal information that has been used by a government institution for an administrative purpose shall be retained by the institution for such period of time after it is so used as may be prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information. Accuracy of personal information (2) A government institution shall take all reasonable steps to ensure that personal information that is used for an administrative purpose by the institution is as accurate, up-to-date and complete as possible. Disposal of personal information (3) A government institution shall dispose of personal information under the control of the institution in accordance with the regulations and in accordance with any directives or guidelines issued by the designated minister in relation to the disposal of that information. 1980-81-82-83, c. 111, Sch. II “6”
Privacy Act — P-21 7
Use of personal information 7 Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be used by the institution except (a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; or (b) for a purpose for which the information may be disclosed to the institution under subsection 8(2). 1980-81-82-83, c. 111, Sch. II “7”
Privacy Act — P-21 8
a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act ; or (j) a First Nation Government or the Anishinabek Nation Government , as defined in section 2 of the Anishinabek Nation Governance Agreement Act , or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement , as defined in section 2 of that Act. Definition of council of the Westbank First Nation (8) The expression council of the Westbank First Nation in paragraphs (2)(f) and (7)(b) means the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act . R.S., 1985, c. P-21, s. 8; R.S., 1985, c. 20 (2nd Supp.), s. 13, c. 1 (3rd Supp.), s. 12; 1994, c. 35, s. 39; 2000, c. 7, s. 26; 2004, c. 11, s. 37, c. 17, s. 18; 2005, c. 1, ss. 106, 109, c. 27, ss. 21, 25; 2006, c. 10, s. 33; 2008, c. 32, s. 30; 2009, c. 18, s. 23; 2014, c. 1, s. 19, c. 11, s. 24; 2017, c. 32, s. 18; 2018, c. 4, s. 132 2022, c. 9, s. 4 2022, c. 9, s. 45 2023, c. 22, s. 20
Privacy Act — P-21 9
Record of disclosures to be retained 9 (1) The head of a government institution shall retain a record of any use by the institution of personal information contained in a personal information bank or any use or purpose for which that information is disclosed by the institution where the use or purpose is not included in the statements of uses and purposes set forth pursuant to subparagraph 11(1)(a)(iv) and subsection 11(2) in the index referred to in section 11, and shall attach the record to the personal information. Limitation (2) Subsection (1) does not apply in respect of information disclosed pursuant to paragraph 8(2)(e). Record forms part of personal information (3) For the purposes of this Act, a record retained under subsection (1) shall be deemed to form part of the personal information to which it is attached. Consistent uses (4) Where personal information in a personal information bank under the control of a government institution is used or disclosed for a use consistent with the purpose for which the information was obtained or compiled by the institution but the use is not included in the statement of consistent uses set forth pursuant to subparagraph 11(1)(a)(iv) in the index referred to in section 11, the head of the government institution shall (a) forthwith notify the Privacy Commissioner of the use for which the information was used or disclosed; and (b) ensure that the use is included in the next statement of consistent uses set forth in the index. 1980-81-82-83, c. 111, Sch. II “9”; 1984, c. 21, s. 89
Privacy Act — P-21 10
Personal information to be included in personal information banks 10 (1) The head of a government institution shall cause to be included in personal information banks all personal information under the control of the government institution that (a) has been used, is being used or is available for use for an administrative purpose; or (b) is organized or intended to be retrieved by the name of an individual or by an identifying number, symbol or other particular assigned to an individual. Exception for Library and Archives of Canada (2) Subsection (1) does not apply in respect of personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes. R.S., 1985, c. P-21, s. 10; R.S., 1985, c. 1 (3rd Supp.), s. 12; 2004, c. 11, s. 38
Privacy Act — P-21 11
Index of personal information 11 (1) The designated Minister shall cause to be published on a periodic basis not less frequently than once each year, an index of (a) all personal information banks setting forth, in respect of each bank, (i) the identification and a description of the bank, the registration number assigned to it by the designated Minister pursuant to paragraph 71(1)(b) and a description of the class of individuals to whom personal information contained in the bank relates, (ii) the name of the government institution that has control of the bank, (iii) the title and address of the appropriate officer to whom requests relating to personal information contained in the bank should be sent, (iv) a statement of the purposes for which personal information in the bank was obtained or compiled and a statement of the uses consistent with those purposes for which the information is used or disclosed, (v) a statement of the retention and disposal standards applied to personal information in the bank, and (vi) an indication, where applicable, that the bank was designated as an exempt bank by an order under section 18 and the provision of section 21 or 22 on the basis of which the order was made; and (b) all classes of personal information under the control of a government institution that are not contained in personal information banks, setting forth in respect of each class (i) a description of the class in sufficient detail to facilitate the right of access under this Act, and (ii) the title and address of the appropriate officer for each government institution to whom requests relating to personal information within the class should be sent. Statement of uses and purposes (2) The designated Minister may set forth in the index referred to in subsection (1) a statement of any of the uses and purposes, not included in the statements made pursuant to subparagraph (1)(a)(iv), for which personal information contained in any of the personal information banks referred to in the index is used or disclosed on a regular basis. Index to be made available (3) The designated Minister shall cause the index referred to in subsection (1) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access to the index. 1980-81-82-83, c. 111, Sch. II “11”
Privacy Act — P-21 12
Right of access 12 (1) Subject to this Act, every individual who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has a right to and shall, on request, be given access to (a) any personal information about the individual contained in a personal information bank; and (b) any other personal information about the individual under the control of a government institution with respect to which the individual is able to provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution. Other rights relating to personal information (2) Every individual who is given access under paragraph (1)(a) to personal information that has been used, is being used or is available for use for an administrative purpose is entitled to (a) request correction of the personal information where the individual believes there is an error or omission therein; (b) require that a notation be attached to the information reflecting any correction requested but not made; and (c) require that any person or body to whom that information has been disclosed for use for an administrative purpose within two years prior to the time a correction is requested or a notation is required under this subsection in respect of that information (i) be notified of the correction or notation, and (ii) where the disclosure is to a government institution, the institution make the correction or notation on any copy of the information under its control. Extension of right of access by order (3) The Governor in Council may, by order, extend the right to be given access to personal information under subsection (1) to include individuals not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate. R.S., 1985, c. P-21, s. 12; 2001, c. 27, s. 269
Privacy Act — P-21 13
Request for access under paragraph 12(1)(a) 13 (1) A request for access to personal information under paragraph 12(1)(a) shall be made in writing to the government institution that has control of the personal information bank that contains the information and shall identify the bank. Request for access under 12(1)(b) (2) A request for access to personal information under paragraph 12(1)(b) shall be made in writing to the government institution that has control of the information and shall provide sufficiently specific information on the location of the information as to render it reasonably retrievable by the government institution. 1980-81-82-83, c. 111, Sch. II “13”
Privacy Act — P-21 14
Notice where access requested 14 Where access to personal information is requested under subsection 12(1), the head of the government institution to which the request is made shall, subject to section 15, within thirty days after the request is received, (a) give written notice to the individual who made the request as to whether or not access to the information or a part thereof will be given; and (b) if access is to be given, give the individual who made the request access to the information or the part thereof. 1980-81-82-83, c. 111, Sch. II “14”
Privacy Act — P-21 15
Extension of time limits 15 The head of a government institution may extend the time limit set out in section 14 in respect of a request for (a) a maximum of thirty days if (i) meeting the original time limit would unreasonably interfere with the operations of the government institution, or (ii) consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or (b) such period of time as is reasonable, if additional time is necessary for translation purposes or for the purposes of converting the personal information into an alternative format, by giving notice of the extension and the length of the extension to the individual who made the request within thirty days after the request is received, which notice shall contain a statement that the individual has a right to make a complaint to the Privacy Commissioner about the extension. R.S., 1985, c. P-21, s. 15; 1992, c. 21, s. 35
Privacy Act — P-21 16
Where access is refused 16 (1) Where the head of a government institution refuses to give access to any personal information requested under subsection 12(1), the head of the institution shall state in the notice given under paragraph 14(a) (a) that the personal information does not exist, or (b) the specific provision of this Act on which the refusal was based or the provision on which a refusal could reasonably be expected to be based if the information existed, and shall state in the notice that the individual who made the request has a right to make a complaint to the Privacy Commissioner about the refusal. Existence not required to be disclosed (2) The head of a government institution may but is not required to indicate under subsection (1) whether personal information exists. Deemed refusal to give access (3) Where the head of a government institution fails to give access to any personal information requested under subsection 12(1) within the time limits set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access. 1980-81-82-83, c. 111, Sch. II “16”
Privacy Act — P-21 17
Form of access 17 (1) Subject to any regulations made under paragraph 77(1)(o), where an individual is to be given access to personal information requested under subsection 12(1), the government institution shall (a) permit the individual to examine the information in accordance with the regulations; or (b) provide the individual with a copy thereof. Language of access (2) Where access to personal information is to be given under this Act and the individual to whom access is to be given requests that access be given in a particular one of the official languages of Canada, (a) access shall be given in that language, if the personal information already exists under the control of a government institution in that language; and (b) where the personal information does not exist in that language, the head of the government institution that has control of the personal information shall cause it to be translated or interpreted for the individual if the head of the institution considers a translation or interpretation to be necessary to enable the individual to understand the information. Access to personal information in alternative format (3) Where access to personal information is to be given under this Act and the individual to whom access is to be given has a sensory disability and requests that access be given in an alternative format, access shall be given in an alternative format if (a) the personal information already exists under the control of a government institution in an alternative format that is acceptable to the individual; or (b) the head of the government institution that has control of the personal information considers the giving of access in an alternative format to be necessary to enable the individual to exercise the individual’s right of access under this Act and considers it reasonable to cause the personal information to be converted. R.S., 1985, c. P-21, s. 17; 1992, c. 21, s. 36
Privacy Act — P-21 18
Governor in Council may designate exempt banks 18 (1) The Governor in Council may, by order, designate as exempt banks certain personal information banks that contain files all of which consist predominantly of personal information described in section 21 or 22. Disclosure may be refused (2) The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is contained in a personal information bank designated as an exempt bank under subsection (1). Contents of order (3) An order made under subsection (1) shall specify (a) the section on the basis of which the order is made; and (b) where a personal information bank is designated that contains files that consist predominantly of personal information described in subparagraph 22(1)(a)(ii), the law concerned. 1980-81-82-83, c. 111, Sch. II “18”
Privacy Act — P-21 19
Personal information obtained in confidence 19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confidence from (a) the government of a foreign state or an institution thereof; (b) an international organization of states or an institution thereof; (c) the government of a province or an institution thereof; (d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; (e) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act ; (e.1) the Whitecap Dakota Government , as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act ; (f) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act ; or (g) a First Nation Government or the Anishinabek Nation Government , as defined in section 2 of the Anishinabek Nation Governance Agreement Act , or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement , as defined in section 2 of that Act. Where disclosure authorized (2) The head of a government institution may disclose any personal information requested under subsection 12(1) that was obtained from any government, organization or institution described in subsection (1) if the government, organization or institution from which the information was obtained (a) consents to the disclosure; or (b) makes the information public. R.S., 1985, c. P-21, s. 19; 2004, c. 17, s. 19; 2006, c. 10, s. 34 2022, c. 9, s. 5 2023, c. 22, s. 21
Privacy Act — P-21 20
Federal-provincial affairs 20 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 be injurious to the conduct by the Government of Canada of federal-provincial affairs. 1980-81-82-83, c. 111, Sch. II “20”
Privacy Act — P-21 21
International affairs and defence 21 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 be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act , or the efforts of Canada toward detecting, preventing or suppressing subversive or hostile activities, as defined in subsection 15(2) of the Access to Information Act , including, without restricting the generality of the foregoing, any such information listed in paragraphs 15(1)(a) to (i) of the Access to Information Act . 1980-81-82-83, c. 111, Sch. II “21”