Privacy Act

An Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves Short title This Act may be cited as the Privacy Act. Purpose The purpose of this Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information. Definitions In this Act, 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) 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) Court means the Federal Court; (Cour) designated Minister means a person who is designated as the Minister under subsection 3.1(1); (ministre désigné) government institution means any department or ministry of state of the Government of Canada, or any body or office, listed in the schedule, and 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) head, in respect of a government institution, means 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 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) personal information means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing, information relating to the race, national or ethnic origin, colour, religion, age or marital status of the individual, information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, any identifying number, symbol or other particular assigned to the individual, the address, fingerprints or blood type of the individual, the personal opinions or views of the individual except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual by a government institution or a part of a government institution specified in the regulations, correspondence sent to a government institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence, the views or opinions of another individual about the individual, the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual by an institution or a part of an institution referred to in paragraph (e), but excluding the name of the other individual where it appears with the views or opinions of the other individual, and the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual, but, for the purposes of sections 7, 8 and 26 and section 19 of the Access to Information Act, does not include information about an individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual including, the fact that the individual is or was an officer or employee of the government institution, the title, business address and telephone number of the individual, the classification, salary range and responsibilities of the position held by the individual, the name of the individual on a document prepared by the individual in the course of employment, and the personal opinions or views of the individual given in the course of employment, the fact that an individual is or was a ministerial adviser or a member of a ministerial staff, as those terms are defined in subsection 2(1) of the Conflict of Interest Act, as well as the individual’s name and title, information about an individual who is or was performing services under contract for a government institution that relates to the services performed, including the terms of the contract, the name of the individual and the opinions or views of the individual given in the course of the performance of those services, information relating to any discretionary benefit of a financial nature, including the granting of a licence or permit, conferred on an individual, including the name of the individual and the exact nature of the benefit, and information about an individual who has been dead for more than twenty years; (renseignements personnels) personal information bank means a collection or grouping of personal information described in section 10; (fichier de renseignements personnels) Privacy Commissioner means the Commissioner appointed under section 53; (Commissaire à la protection de la vie privée) sensory disability means a disability that relates to sight or hearing. (déficience sensorielle) For greater certainty 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, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act. Application 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. Power to designate Minister 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 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. Collection of personal information No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution. Personal information to be collected directly 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 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 Subsections (1) and (2) do not apply where compliance therewith might result in the collection of inaccurate information; or defeat the purpose or prejudice the use for which information is collected. Retention of personal information used for an administrative purpose 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 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 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. Use of personal information 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 for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; or for a purpose for which the information may be disclosed to the institution under subsection 8(2). Disclosure of personal information Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section. Where personal information may be disclosed Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose; for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure; for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada; to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed; for the purpose of administering or enforcing any law or carrying out a lawful investigation, under an agreement or arrangement between the Government of Canada or any of its institutions and any of the following entities or any of their institutions: the government of a foreign state, an international organization of states or an international organization established by the governments of states, the government of a province, the council of the Westbank First Nation, the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act, the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act, 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, the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act; to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem; to officers or employees of the institution for internal audit purposes, or to the office of the Comptroller General or any other person or body specified in the regulations for audit purposes; to the Library and Archives of Canada for archival purposes; to any person or body for research or statistical purposes if the head of the government institution is satisfied that the purpose for which the information is disclosed cannot reasonably be accomplished unless the information is provided in a form that would identify the individual to whom it relates, and obtains from the person or body a written undertaking that no subsequent disclosure of the information will be made in a form that could reasonably be expected to identify the individual to whom it relates; to any aboriginal government, association of aboriginal people, Indian band, government institution or part thereof, or to any person acting on behalf of such government, association, band, institution or part thereof, for the purpose of researching or validating the claims, disputes or grievances of any of the aboriginal peoples of Canada; to any government institution for the purpose of locating an individual in order to collect a debt owing to Her Majesty in right of Canada by that individual or make a payment owing to that individual by Her Majesty in right of Canada; and for any purpose where, in the opinion of the head of the institution, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or disclosure would clearly benefit the individual to whom the information relates. Personal information disclosed by Library and Archives of Canada Subject to any other Act of Parliament, 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 may be disclosed in accordance with the regulations to any person or body for research or statistical purposes. Copies of requests under paragraph (2)(e) to be retained The head of a government institution shall retain a copy of every request received by the government institution under paragraph (2)(e) for such period of time as may be prescribed by regulation, shall keep a record of any information disclosed pursuant to the request for such period of time as may be prescribed by regulation and shall, on the request of the Privacy Commissioner, make those copies and records available to the Privacy Commissioner. Notice of disclosure under paragraph (2)(m) The head of a government institution shall notify the Privacy Commissioner in writing of any disclosure of personal information under paragraph (2)(m) prior to the disclosure where reasonably practicable or in any other case forthwith on the disclosure, and the Privacy Commissioner may, if the Commissioner deems it appropriate, notify the individual to whom the information relates of the disclosure. Definition of Indian band In paragraph (2)(k), Indian band means a band, as defined in the Indian Act; the band, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; the shíshálh Nation, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act; or a first nation named in Schedule II to the Yukon First Nations Self-Government Act. Definition of aboriginal government The expression aboriginal government in paragraph (2)(k) means Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; the council of the Westbank First Nation; the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act; the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act; the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act; the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act; the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act; the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act; a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act; Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act; the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act; or 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 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. Record of disclosures to be retained 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 Subsection (1) does not apply in respect of information disclosed pursuant to paragraph 8(2)(e). Record forms part of personal information 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 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 forthwith notify the Privacy Commissioner of the use for which the information was used or disclosed; and ensure that the use is included in the next statement of consistent uses set forth in the index. Personal information to be included in personal information banks 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 has been used, is being used or is available for use for an administrative purpose; or 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 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. Index of personal information The designated Minister shall cause to be published on a periodic basis not less frequently than once each year, an index of all personal information banks setting forth, in respect of each bank, 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, the name of the government institution that has control of the bank, the title and address of the appropriate officer to whom requests relating to personal information contained in the bank should be sent, 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, a statement of the retention and disposal standards applied to personal information in the bank, and 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 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 a description of the class in sufficient detail to facilitate the right of access under this Act, and 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 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 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. Right of access 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 any personal information about the individual contained in a personal information bank; and 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 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 request correction of the personal information where the individual believes there is an error or omission therein; require that a notation be attached to the information reflecting any correction requested but not made; and 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 be notified of the correction or notation, and 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 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. Request for access under paragraph 12(1)(a) 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) 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. Notice where access requested 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, 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 if access is to be given, give the individual who made the request access to the information or the part thereof. Extension of time limits The head of a government institution may extend the time limit set out in section 14 in respect of a request for a maximum of thirty days if meeting the original time limit would unreasonably interfere with the operations of the government institution, or consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or 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. Where access is refused 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) that the personal information does not exist, or 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 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 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. Form of access 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 permit the individual to examine the information in accordance with the regulations; or provide the individual with a copy thereof. Language of access 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, access shall be given in that language, if the personal information already exists under the control of a government institution in that language; and 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 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 the personal information already exists under the control of a government institution in an alternative format that is acceptable to the individual; or 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. Governor in Council may designate exempt banks 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 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 An order made under subsection (1) shall specify the section on the basis of which the order is made; and 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. Personal information obtained in confidence 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 the government of a foreign state or an institution thereof; an international organization of states or an institution thereof; the government of a province or an institution thereof; 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; the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; 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 Where disclosure authorized 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 consents to the disclosure; or makes the information public. Federal-provincial affairs 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. International affairs and defence 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. Law enforcement and investigation The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) 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 the detection, prevention or suppression of crime, the enforcement of any law of Canada or a province, or 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; 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 relating to the existence or nature of a particular investigation, that would reveal the identity of a confidential source of information, or that was obtained or prepared in the course of an investigation; or the disclosure of which could reasonably be expected to be injurious to the security of penal institutions. Policing services for provinces or municipalities 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 For the purposes of paragraph (1)(b), investigation means an investigation that pertains to the administration or enforcement of an Act of Parliament; is authorized by or pursuant to an Act of Parliament; or is within a class of investigations specified in the regulations. Information obtained by Privacy Commissioner 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. 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. Public Sector Integrity Commissioner 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. Public Servants Disclosure Protection Act 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. Secretariat of National Security and Intelligence Committee of Parliamentarians 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. Security clearances 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 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 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. Individuals sentenced for an offence 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 lead to a serious disruption of the individual’s institutional, parole or statutory release program; or reveal information about the individual originally obtained on a promise of confidentiality, express or implied. Safety of individuals 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. Information about another individual 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. Protected information — solicitors, advocates and notaries 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. Protected information — patents and trademarks 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. Medical record 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. Receipt and investigation of complaints Subject to this Act, the Privacy Commissioner shall receive and investigate complaints 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; from individuals who have been refused access to personal information requested under subsection 12(1); 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; 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; from individuals who have not been given access to personal information in the official language requested by the individuals under subsection 17(2); from individuals who have not been given access to personal information in an alternative format pursuant to a request made under subsection 17(3); from individuals who have been required to pay a fee that they consider inappropriate; in respect of the index referred to in subsection 11(1); or in respect of any other matter relating to the collection, retention or disposal of personal information by a government institution, the use or disclosure of personal information under the control of a government institution, or requesting or obtaining access under subsection 12(1) to personal information. Complaints submitted on behalf of complainants 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 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. Written complaint A complaint under this Act shall be made to the Privacy Commissioner in writing unless the Commissioner authorizes otherwise. Notice of intention to investigate 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. Regulation of procedure 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. Investigations in private Every investigation of a complaint under this Act by the Privacy Commissioner shall be conducted in private. Right to make representation 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. Powers of Privacy Commissioner in carrying out investigations The Privacy Commissioner has, in relation to the carrying out of the investigation of any complaint under this Act, power to summon and enforce the appearance of persons before the Privacy Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record; to administer oaths; to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Privacy Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law; to enter any premises occupied by any government institution on satisfying any security requirements of the institution relating to the premises; to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Privacy Commissioner under this Act as the Commissioner sees fit; and to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation. Access to information 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, and subject to subsection (2.1), the Privacy Commissioner may, during the investigation of any complaint under this Act, 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 Commissioner may examine under this subsection may be withheld from the Commissioner on any grounds. The Privacy Commissioner may examine information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the information under section 27. For greater certainty, the disclosure by the head of a government institution to the Privacy Commissioner of information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy. Evidence in other proceedings Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under this Act or in a review before the Court under this Act or an appeal therefrom, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings. Witness fees Any person summoned to appear before the Privacy Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court. Return of documents, etc. Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Privacy Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section. Findings and recommendations of Privacy Commissioner 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 the findings of the investigation and any recommendations that the Commissioner considers appropriate; and 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 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 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 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 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. Investigation of exempt banks 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 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 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 the findings of the Commissioner and any recommendations that the Commissioner considers appropriate; and 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 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 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. Investigation in respect of sections 4 to 8 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. 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 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 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. Annual report 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. Special reports 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 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. Transmission of reports 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 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). Review by Federal Court where access refused 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. Privacy Commissioner may apply or appear The Privacy Commissioner may 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; appear before the Court on behalf of any individual who has applied for a review under section 41; or with leave of the Court, appear as a party to any review applied for under section 41. Application respecting files in exempt banks 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. Hearing in summary way 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. 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. Court to take precautions against disclosing 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 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 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 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. Burden of proof 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. Order of Court where no authorization to refuse disclosure found 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. Order of Court where reasonable grounds of injury not found 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. Order to remove file from exempt bank 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 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 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. Actions relating to international affairs and defence 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 An application referred to in subsection (1) or an appeal brought in respect of such application shall be heard in camera; and 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 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. Costs 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 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. Appointment 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 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 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 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. Rank, powers and duties generally 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 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 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 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. Information Commissioner may be appointed as Privacy Commissioner The Governor in Council may appoint as Privacy Commissioner under section 53 the Information Commissioner appointed under the Access to Information Act. Salary 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. Appointment of Assistant Privacy Commissioner 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 Subject to this section, an Assistant Privacy Commissioner holds office during good behaviour for a term not exceeding five years. 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. Duties generally 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. 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. The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Privacy Commissioner. 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. Staff of the Privacy Commissioner 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 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. Delegation by Privacy Commissioner 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 in any case other than a delegation to an Assistant Privacy Commissioner, the power to delegate under this section; and in any case, the powers, duties or functions set out in sections 38 and 39. Delegations of investigations relating to international affairs and defence The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate 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 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 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. Special studies 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 relating to the privacy of individuals, concerning the extension of the rights to which individuals are entitled under this Act in respect of personal information about themselves, and 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 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. Principal office The principal office of the Privacy Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act. Security requirements 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. Confidentiality 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. Disclosure authorized The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information that, in the opinion of the Commissioner, is necessary to carry out an investigation under this Act, or establish the grounds for findings and recommendations contained in any report under this Act; or 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. 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 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. Information not to be disclosed 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, 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 No summons 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. 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. Protection of Privacy Commissioner 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 For the purposes of any law relating to libel or slander, 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 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. Obstruction 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 Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars. Act does not apply to certain materials This Act does not apply to library or museum material preserved solely for public reference or exhibition purposes; or 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 Sections 7 and 8 do not apply to personal information that is publicly available. Canadian Broadcasting Corporation 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. Confidences of the Queen’s Privy Council for Canada 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 memoranda the purpose of which is to present proposals or recommendations to Council; 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; agenda of Council or records recording deliberations or decisions of Council; 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; 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 draft legislation. Definition of Council 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. Subsection (1) does not apply to confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or discussion papers described in paragraph (1)(b) if the decisions to which the discussion papers relate have been made public, or where the decisions have not been made public, if four years have passed since the decisions were made. Certificate under Canada Evidence 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 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 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, all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued; the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and 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. 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 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. Duties and functions of designated Minister Subject to subsection (2), the designated Minister shall cause to be kept under review the manner in which personal information banks are maintained and managed to ensure compliance with the provisions of this Act and the regulations relating to access by individuals to personal information contained therein; assign or cause to be assigned a registration number to each personal information bank; prescribe such forms as may be required for the operation of this Act and the regulations; cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Act and the regulations; and prescribe the form of, and what information is to be included in, reports made to Parliament under section 72. Exception for Bank of Canada Anything that is required to be done by the designated Minister under paragraph (1)(a) or (d) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada. Review of existing and proposed personal information banks Subject to subsection (5), the designated Minister shall cause to be kept under review the utilization of existing personal information banks and proposals for the creation of new banks, and shall make such recommendations as he considers appropriate to the heads of the appropriate government institutions with regard to personal information banks that, in the opinion of the designated Minister, are under-utilized or the existence of which can be terminated. Establishment and modification of personal information banks Subject to subsection (5), no new personal information bank shall be established and no existing personal information banks shall be substantially modified without approval of the designated Minister or otherwise than in accordance with any term or condition on which such approval is given. Application of subsections (3) and (4) Subsections (3) and (4) apply only in respect of personal information banks under the control of government institutions that are departments as defined in section 2 of the Financial Administration Act. Delegation to head of government institution The designated Minister may authorize the head of a government institution to exercise and perform, in such manner and subject to such terms and conditions as the designated Minister directs, any of the powers, functions and duties of the designated Minister under subsection (3) or (4). Designated Minister’s power The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution. Annual report — government institutions Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year. Tabling of report Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared. Every report prepared under subsection (1) shall, after it is laid before the Senate and the House of Commons, under subsection (2), be referred to the committee designated or established by Parliament for the purpose of subsection 75(1). Copy of report to designated Minister The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses. Delegation by head of government institution The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution. Delegation to officers or employees of other government institution The head of a government institution may, for the purposes of subsection 73.1(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution. Provision of services related to privacy A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution. Written agreement A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services. Notice The head of a government institution that receives the services shall provide a copy of the agreement to the Privacy Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Commissioner and the designated Minister of any material change to that agreement. Fees The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service. Spending authority The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. Personal information not under control of institution The personal information that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 73.1(1) is not under the control of that other institution. Protection from civil proceeding or from prosecution Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any personal information pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Act if reasonable care is taken to give the required notice. Permanent review of this Act by Parliamentary committee The administration of this Act shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose. Review and report to Parliament The committee designated or established by Parliament for the purpose of subsection (1) shall, not later than July 1, 1986, undertake a comprehensive review of the provisions and operation of this Act, and shall, within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend. Binding on Crown This Act is binding on Her Majesty in right of Canada. Regulations The Governor in Council may make regulations specifying government institutions or parts of government institutions for the purpose of paragraph (e) of the definition personal information in section 3; prescribing the period of time for which any class of personal information is to be retained under subsection 6(1); prescribing the circumstances and the manner in which personal information under the control of a government institution is to be disposed of under subsection 6(3); specifying investigative bodies for the purposes of paragraph 8(2)(e) and sections 22 and 23; prescribing the circumstances in which and the conditions under which personal information may be disclosed under subsection 8(3); prescribing the period of time for which copies of requests received under paragraph 8(2)(e) and records of information disclosed pursuant to the requests are to be retained under subsection 8(4); specifying persons or bodies for the purpose of paragraph 8(2)(h); prescribing procedures to be followed in making and responding to a request for access to personal information under paragraph 12(1)(a) or (b); prescribing procedures to be followed by an individual or a government institution where the individual requests under subsection 12(2) a correction of personal information or a notation of a correction requested, including the period of time within which the correction or notation must be made; prescribing any fees, or the manner of calculating any fees, to be paid for being given access to personal information requested under subsection 12(1) or for the making of copies of such personal information; prescribing the procedures to be followed by the Privacy Commissioner and any person acting on behalf or under the direction of the Privacy Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose personal information under paragraph 19(1)(a) or (b) or section 21; specifying classes of investigations for the purpose of paragraph 22(3)(c); prescribing the class of individuals who may act on behalf of minors, incompetents, deceased persons or any other individuals under this Act and regulating the manner in which any rights or actions of individuals under this Act may be exercised or performed on their behalf; authorizing the disclosure of information relating to the physical or mental health of individuals to duly qualified medical practitioners or psychologists in order to determine whether disclosure of the information would be contrary to the best interests of the individuals, and prescribing any procedures to be followed or restrictions deemed necessary with regard to the disclosure and examination of the information; and prescribing special procedures for giving individuals access under subsection 12(1) to personal information relating to their physical or mental health and regulating the way in which that access is given. Amendments to schedule The Governor in Council may, by order, add to the schedule the name of any department, ministry of state, body or office of the Government of Canada; replace in the schedule the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and delete from the schedule the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada. The following definitions apply in this section. former agency means the portion of the federal public administration known as the Economic Development Agency of Canada for the Regions of Quebec. (ancienne agence) new agency means the Economic Development Agency of Canada for the Regions of Quebec established by section 8. (nouvelle agence) References A reference to the former agency in any of the following is deemed to be a reference to the new agency: the schedule to the Privacy Act, under the heading “Other Government Institutions”; The following definitions apply in sections 17 to 19 and 21 to 28. former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence) new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence) order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064) the schedule to the Privacy Act; any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Privacy Act; and The following definitions apply in sections 17 to 19. former agency means the portion of the federal public administration known as the Public Health Agency of Canada. (ancienne agence) new agency means the Public Health Agency of Canada established under section 3. (nouvelle agence) A reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency: Deputy head The designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to paragraph 29(e) of the Canadian Security Intelligence Service Act or to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the Chief Public Health Officer as deputy head of the new agency. Transitional — continuation in office A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold office for the remainder of the term for which he or she had been appointed: the Privacy Commissioner under section 53 of the Privacy Act; and The following definitions apply in this section and in sections 26 to 28. commencement day means the day on which this Act receives royal assent. (date d’entrée en vigueur) copy means a copy referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (copie) personal information means any personal information, as defined in section 3 of the Privacy Act, that is contained in a record or copy. (renseignements personnels) record means, other than in section 28, a record referred to in subsection 29(1) or (2) of the Ending the Long-gun Registry Act. (registres) specified proceeding means any request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act that is with respect to a record or copy or to personal information and that was made or initiated on or before June 22, 2015 and was not concluded, or in respect of which no decision was made, on or before that day; or was made or initiated after June 22, 2015 but before the commencement day. (procédure désignée) Non-application — Access to Information Act Subject to section 27, the Access to Information Act does not apply as of the commencement day with respect to records and copies. Non-application — Privacy Act Subject to section 27, the Privacy Act, other than its subsections 6(1) and (3), does not apply as of the commencement day with respect to personal information. Non-application — subsections 6(1) and (3) of the Privacy Act For greater certainty, by reason of subsection 29(3) of the Ending the Long-gun Registry Act, subsections 6(1) and (3) of the Privacy Act do not apply as of April 5, 2012 with respect to personal information. Continued application The Privacy Act, other than its subsections 6(1) and (3), and the Access to Information Act continue to apply with respect to any specified proceeding and to any complaint, investigation, application, judicial review or appeal that results from a specified proceeding. Period running on June 22, 2015 restarts A time limit, or other period of time, under the Access to Information Act or the Privacy Act that was running on June 22, 2015 with respect to a specified proceeding described in paragraph (a) of the definition of that expression in section 25 is deemed to restart, from the beginning, on the commencement day. Specified proceeding initiated after June 22, 2015 A specified proceeding described in paragraph (b) of the definition of that expression in section 25 is deemed to be made or initiated on the commencement day. For greater certainty, no destruction of records or copies that are the subject of proceedings referred to in subsection (1) is to occur until all proceedings referred to in that subsection are finally disposed of, settled or abandoned. A reference to the former department in any of the following is deemed to be a reference to the new department: the schedule to the Privacy Act under the heading “Other Government Institutions”; The following amendments to the schedule to the Privacy Act are deemed to have been validly made: the deletion of “Federal Office of Regional Development – Quebec/Bureau fédéral de développement régional (Québec)” under the heading “Other Government Institutions” by Order in Council P.C. 1998-186 of February 13, 1998, registered as SOR/98-119; the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 1998-956 of June 3, 1998, registered as SOR/98-321; the deletion of “The Leadership Network/Le Réseau du leadership” under the heading “Other Government Institutions” by Order in Council P.C. 2001-616 of April 11, 2001, registered as SOR/2001-144; the deletion of “Canada Information Office/Bureau d’information du Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2001-1577 of August 28, 2001, registered as SOR/2001-330; the deletion of “Millennium Bureau of Canada/Bureau du Canada pour le millénaire” under the heading “Other Government Institutions” by Order in Council P.C. 2002-188 of February 7, 2002, registered as SOR/2002-72; the deletion of “Office of Infrastructure and Crown Corporations of Canada/Bureau de l’infrastructure et des sociétés d’État du Canada” under the heading “Departments and Ministries of State” by Order in Council P.C. 2002-1326 of August 6, 2002, registered as SOR/2002-292; the deletion of “Communication Canada/Communication Canada” under the heading “Other Government Institutions” by Order in Council P.C. 2004-105 of February 16, 2004, registered as SOR/2004-23;

the deletion of “Department of Social Development/Ministère du Développement social” under the heading “Departments and Ministries of State” by Order in Council P.C. 2006-39 of February 6, 2002, registered as SOR/2006-25; the deletion of “Department of International Trade/Ministère du Commerce international” under the heading “Other Government Institutions” by Order in Council P.C. 2006-45 of February 6, 2006, registered as SOR/2006-29; the deletion of “Canadian Firearms Centre/Centre canadien des armes à feu” under the heading “Other Government Institutions” by Order in Council P.C. 2006-383 of May 17, 2006, registered as SOR/2006-100; the deletion of “Indian Residential Schools Truth and Reconciliation Commission Secretariat/Secrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens” under the heading “Other Government Institutions” by Order in Council P.C. 2008-801 of April 25, 2008, registered as SOR/2008-131; the deletion of “Office of Indian Residential Schools Resolution of Canada/Bureau du Canada sur le règlement des questions des pensionnats autochtones” under the heading “Other Government Institutions” by Order in Council P.C. 2008-810 of April 25, 2008, registered as SOR/2008-136. 1994, c. 43, s. 91 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”: The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: