Privacy Act


CHAPTER P-21

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

Short title

1. This Act may be cited as the Privacy Act.

1980-81-82-83, c. 111, Sch. II "1".

PURPOSE OF ACT

Purpose

2. 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.

1980-81-82-83, c. 111, Sch. II "2".

INTERPRETATION

Definitions

3. In this Act,

"administrative purpose" «fins administratives»

"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;

"alternative format" « support de substitution »

"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;

"Court" «Cour»

"Court" means the Federal Court-Trial Division;

"designated Minister" «ministre désigné»

"designated Minister", in relation to any provision of this Act, means such
member of the Queen's Privy Council for Canada as is designated by the Governor
in Council as the Minister for the purposes of that provision;

"government institution" «institution fédérale»

"government institution" means any department or ministry of state of the
Government of Canada listed in the schedule or any body or office listed in the
schedule;

"head" «responsable d'institution fédérale»

"head", in respect of a government institution, means

(a) in the case of a department or ministry of state, the member of the Queen's
Privy Council for Canada presiding over that institution, or

(b) in any other case, the person designated by order in council pursuant to
this paragraph and for the purposes of this Act to be the head of that
institution;

"personal information" «renseignements personnels»

"personal information" means information about an identifiable individual that
is recorded in any form including, without restricting the generality of the
foregoing,

(a) information relating to the race, national or ethnic origin, colour,
religion, age or marital status of the individual,

(b) 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,

(c) any identifying number, symbol or other particular assigned to the
individual,

(d) the address, fingerprints or blood type of the individual,

(e) 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,

(f) 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,

(g) the views or opinions of another individual about the individual,

(h) 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

(i) 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

(j) 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,

(i) the fact that the individual is or was an officer or employee of the
government institution,

(ii) the title, business address and telephone number of the individual,

(iii) the classification, salary range and responsibilities of the position held
by the individual,

(iv) the name of the individual on a document prepared by the individual in the
course of employment, and

(v) the personal opinions or views of the individual given in the course of
employment,

(k) 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,

(l) 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

(m) information about an individual who has been dead for more than twenty
years;

"personal information bank" «fichier de renseignements personnels»

"personal information bank" means a collection or grouping of personal
information described in section 10;

"Privacy Commissioner" «Commissaire à la protection de la vie privée»

"Privacy Commissioner" means the Commissioner appointed under section 53;

"sensory disability" « déficience sensorielle »

"sensory disability" means a disability that relates to sight or hearing.

R.S., 1985, c. P-21, s. 3; 1992, c. 1, s. 144(F), c. 21, s. 34.

COLLECTION, RETENTION AND DISPOSAL OF PERSONAL INFORMATION

Collection of personal information

4. No personal information shall be collected by a government institution unless
it relates directly to an operating program or activity of the institution.

1980-81-82-83, c. 111, Sch. II "4".

Personal information to be collected directly

5. (1) A government institution shall, wherever possible, collect personal
information that is intended to be used for an administrative purpose directly
from the individual to whom it relates except where the individual authorizes
otherwise or where personal information may be disclosed to the institution
under subsection 8(2).

Individual to be informed of purpose

(2) A government institution shall inform any individual from whom the
institution collects personal information about the individual of the purpose
for which the information is being collected.

Exception

(3) Subsections (1) and (2) do not apply where compliance therewith might

(a) result in the collection of inaccurate information; or

(b) defeat the purpose or prejudice the use for which information is collected.

1980-81-82-83, c. 111, Sch. II "5".

Retention of personal information used for an administrative purpose

6. (1) Personal information that has been used by a government institution for
an administrative purpose shall be retained by the institution for such period
of time after it is so used as may be prescribed by regulation in order to
ensure that the individual to whom it relates has a reasonable opportunity to
obtain access to the information.

Accuracy of personal information

(2) A government institution shall take all reasonable steps to ensure that
personal information that is used for an administrative purpose by the
institution is as accurate, up-to-date and complete as possible.

Disposal of personal information

(3) A government institution shall dispose of personal information under the
control of the institution in accordance with the regulations and in accordance
with any directives or guidelines issued by the designated minister in relation
to the disposal of that information.

1980-81-82-83, c. 111, Sch. II "6".

PROTECTION OF PERSONAL INFORMATION

Use of personal information

7. Personal information under the control of a government institution shall not,
without the consent of the individual to whom it relates, be used by the
institution except

(a) for the purpose for which the information was obtained or compiled by the
institution or for a use consistent with that purpose; or

(b) for a purpose for which the information may be disclosed to the institution
under subsection 8(2).

1980-81-82-83, c. 111, Sch. II "7".

Disclosure of personal information

8. (1) 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

(2) Subject to any other Act of Parliament, personal information under the
control of a government institution may be disclosed

(a) for the purpose for which the information was obtained or compiled by the
institution or for a use consistent with that purpose;

(b) for any purpose in accordance with any Act of Parliament or any regulation
made thereunder that authorizes its disclosure;

(c) 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;

(d) to the Attorney General of Canada for use in legal proceedings involving the
Crown in right of Canada or the Government of Canada;

(e) 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;

(f) under an agreement or arrangement between the Government of Canada or an
institution thereof and the government of a province, the government of a
foreign state, an international organization of states or an international
organization established by the governments of states, or any institution of any
such government or organization, for the purpose of administering or enforcing
any law or carrying out a lawful investigation;

(g) to a member of Parliament for the purpose of assisting the individual to
whom the information relates in resolving a problem;

(h) 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;

(i) to the National Archives of Canada for archival purposes;

(j) to any person or body for research or statistical purposes if the head of
the government institution

(i) 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

(ii) 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;

(k) to any association of aboriginal people, Indian band, government institution
or part thereof, or to any person acting on behalf of such 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;

(l) 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

(m) for any purpose where, in the opinion of the head of the institution,

(i) the public interest in disclosure clearly outweighs any invasion of privacy
that could result from the disclosure, or

(ii) disclosure would clearly benefit the individual to whom the information
relates.

Personal information disclosed by National Archives

(3) Subject to any other Act of Parliament, personal information under the
custody or control of the National Archivist of Canada that has been transferred
to the National Archivist by a government institution for archival or historical
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

(4) 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)

(5) 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"

(6) In paragraph (2)(k), "Indian band" means

(a) a band, as defined in the Indian Act;

(b) a band, as defined in the Cree-Naskapi (of Quebec) Act, chapter 18 of the
Statutes of Canada, 1984;

(c) the Band, as defined in the Sechelt Indian Band Self-Government Act, chapter
27 of the Statutes of Canada, 1986; or

(d) a first nation named in Schedule II to the Yukon First Nations
Self-Government Act.

R.S., 1985, c. P-21, s. 8; R.S., 1985, c. 20 (2nd Supp.), s. 13,  c. 1 (3rd
Supp.), s. 12; 1994, c. 35, s. 39.

Record of disclosures to be retained

9. (1) The head of a government institution shall retain a record of any use by
the institution of personal information contained in a personal information bank
or any use or purpose for which that information is disclosed by the institution
where the use or purpose is not included in the statements of uses and purposes
set forth pursuant to subparagraph 11(1)(a)(iv) and subsection 11(2) in the
index referred to in section 11, and shall attach the record to the personal
information.

Limitation

(2) Subsection (1) does not apply in respect of information disclosed pursuant
to paragraph 8(2)(e).

Record forms part of personal information

(3) For the purposes of this Act, a record retained under subsection (1) shall
be deemed to form part of the personal information to which it is attached.

Consistent uses

(4) Where personal information in a personal information bank under the control
of a government institution is used or disclosed for a use consistent with the
purpose for which the information was obtained or compiled by the institution
but the use is not included in the statement of consistent uses set forth
pursuant to subparagraph 11(1)(a)(iv) in the index referred to in section 11,
the head of the government institution shall

(a) forthwith notify the Privacy Commissioner of the use for which the
information was used or disclosed; and

(b) ensure that the use is included in the next statement of consistent uses set
forth in the index.

1980-81-82-83, c. 111, Sch. II "9"; 1984, c. 21, s. 89.

PERSONAL INFORMATION BANKS

Personal information to be included in personal information banks

10. (1) The head of a government institution shall cause to be included in
personal information banks all personal information under the control of the
government institution that

(a) has been used, is being used or is available for use for an administrative
purpose; or

(b) is organized or intended to be retrieved by the name of an individual or by
an identifying number, symbol or other particular assigned to an individual.

Exception for National Archives

(2) Subsection (1) does not apply in respect of personal information under the
custody or control of the National Archivist of Canada that has been transferred
to the National Archivist of Canada by a government institution for archival or
historical purposes.

R.S., 1985, c. P-21, s. 10; R.S., 1985, c. 1 (3rd Supp.), s. 12.

PERSONAL INFORMATION INDEX

Index of personal information

11. (1) The designated Minister shall cause to be published on a periodic basis
not less frequently than once each year, an index of

(a) all personal information banks setting forth, in respect of each bank,

(i) the identification and a description of the bank, the registration number
assigned to it by the designated Minister pursuant to paragraph 71(1)(b) and a
description of the class of individuals to whom personal information contained
in the bank relates,

(ii) the name of the government institution that has control of the bank,

(iii) the title and address of the appropriate officer to whom requests relating
to personal information contained in the bank should be sent,

(iv) a statement of the purposes for which personal information in the bank was
obtained or compiled and a statement of the uses consistent with those purposes
for which the information is used or disclosed,

(v) a statement of the retention and disposal standards applied to personal
information in the bank, and

(vi) an indication, where applicable, that the bank was designated as an exempt
bank by an order under section 18 and the provision of section 21 or 22 on the
basis of which the order was made; and

(b) all classes of personal information under the control of a government
institution that are not contained in personal information banks, setting forth
in respect of each class

(i) a description of the class in sufficient detail to facilitate the right of
access under this Act, and

(ii) the title and address of the appropriate officer for each government
institution to whom requests relating to personal information within the class
should be sent.

Statement of uses and purposes

(2) The designated Minister may set forth in the index referred to in subsection
(1) a statement of any of the uses and purposes, not included in the statements
made pursuant to subparagraph (1)(a)(iv), for which personal information
contained in any of the personal information banks referred to in the index is
used or disclosed on a regular basis.

Index to be made available

(3) The designated Minister shall cause the index referred to in subsection (1)
to be made available throughout Canada in conformity with the principle that
every person is entitled to reasonable access to the index.

1980-81-82-83, c. 111, Sch. II "11".

ACCESS TO PERSONAL INFORMATION

Right of Access

Right of access

12. (1) Subject to this Act, every individual who is a Canadian citizen or a
permanent resident within the meaning of the Immigration Act has a right to and
shall, on request, be given access to

(a) any personal information about the individual contained in a personal
information bank; and

(b) any other personal information about the individual under the control of a
government institution with respect to which the individual is able to provide
sufficiently specific information on the location of the information as to
render it reasonably retrievable by the government institution.

Other rights relating to personal information

(2) Every individual who is given access under paragraph (1)(a) to personal
information that has been used, is being used or is available for use for an
administrative purpose is entitled to

(a) request correction of the personal information where the individual believes
there is an error or omission therein;

(b) require that a notation be attached to the information reflecting any
correction requested but not made; and

(c) require that any person or body to whom that information has been disclosed
for use for an administrative purpose within two years prior to the time a
correction is requested or a notation is required under this subsection in
respect of that information

(i) be notified of the correction or notation, and

(ii) where the disclosure is to a government institution, the institution make
the correction or notation on any copy of the information under its control.

Extension of right of access by order

(3) The Governor in Council may, by order, extend the right to be given access
to personal information under subsection (1) to include individuals not referred
to in that subsection and may set such conditions as the Governor in Council
deems appropriate.

1980-81-82-83, c. 111, Sch. II "12".

Requests for Access

Request for access under paragraph 12(1)(a)

13. (1) A request for access to personal information under paragraph 12(1)(a)
shall be made in writing to the government institution that has control of the
personal information bank that contains the information and shall identify the
bank.

Request for access under 12(1)(b)

(2) A request for access to personal information under paragraph 12(1)(b) shall
be made in writing to the government institution that has control of the
information and shall provide sufficiently specific information on the location
of the information as to render it reasonably retrievable by the government
institution.

1980-81-82-83, c. 111, Sch. II "13".

Notice where access requested

14. Where access to personal information is requested under subsection 12(1),
the head of the government institution to which the request is made shall,
subject to section 15, within thirty days after the request is received,

(a) give written notice to the individual who made the request as to whether or
not access to the information or a part thereof will be given; and

(b) if access is to be given, give the individual who made the request access to
the information or the part thereof.

1980-81-82-83, c. 111, Sch. II "14".

Extension of time limits

15. The head of a government institution may extend the time limit set out in
section 14 in respect of a request for

(a) a maximum of thirty days if

(i) meeting the original time limit would unreasonably interfere with the
operations of the government institution, or

(ii) consultations are necessary to comply with the request that cannot
reasonably be completed within the original time limit, or

(b) such period of time as is reasonable, if additional time is necessary for
translation purposes or for the purposes of converting the personal information
into an alternative format,

by giving notice of the extension and the length of the extension to the
individual who made the request within thirty days after the request is
received, which notice shall contain a statement that the individual has a right
to make a complaint to the Privacy Commissioner about the extension.

R.S., 1985, c. P-21, s. 15; 1992, c. 21, s. 35.

Where access is refused

16. (1) Where the head of a government institution refuses to give access  to
any personal information requested under subsection 12(1), the head of the
institution shall state in the notice given under paragraph 14(a)

(a) that the personal information does not exist, or

(b) the specific provision of this Act on which the refusal was based or the
provision on which a refusal could reasonably be expected to be based if the
information existed,

and shall state in the notice that the individual who made the request has a
right to make a complaint to the Privacy Commissioner about the refusal.

Existence not required to be disclosed

(2) The head of a government institution may but is not required to indicate
under subsection (1) whether personal information exists.

Deemed refusal to give access

(3) Where the head of a government institution fails to give access to any
personal information requested under subsection 12(1) within the time limits set
out in this Act, the head of the institution shall, for the purposes of this
Act, be deemed to have refused to give access.

1980-81-82-83, c. 111, Sch. II "16".

Access

Form of access

17. (1) Subject to any regulations made under paragraph 77(1)(o), where an
individual is to be given access to personal information requested under
subsection 12(1), the government institution shall

(a) permit the individual to examine the information in accordance with the
regulations; or

(b) provide the individual with a copy thereof.

Language of access

(2) Where access to personal information is to be given under this Act and the
individual to whom access is to be given requests that access be given in a
particular one of the official languages of Canada,

(a) access shall be given in that language, if the personal information already
exists under the control of a government institution in that language; and

(b) where the personal information does not exist in that language, the head of
the government institution that has control of the personal information shall
cause it to be translated or interpreted for the individual if the head of the
institution considers a translation or interpretation to be necessary to enable
the individual to understand the information.

Access to personal information in alternative format

(3) Where access to personal information is to be given under this Act and the
individual to whom access is to be given has a sensory disability and requests
that access be given in an alternative format, access shall be given in an
alternative format if

(a) the personal information already exists under the control of a government
institution in an alternative format that is acceptable to the individual; or

(b) the head of the government institution that has control of the personal
information considers the giving of access in an alternative format to be
necessary to enable the individual to exercise the individual's right of access
under this Act and considers it reasonable to cause the personal information to
be converted.

R.S., 1985, c. P-21, s. 17; 1992, c. 21, s. 36.

EXEMPTIONS

Exempt Banks

Governor in Council may designate exempt banks

18. (1) The Governor in Council may, by order, designate as exempt banks certain
personal information banks that contain files all of which consist predominantly
of personal information described in section 2l or 22.

Disclosure may be refused

(2) The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) that is contained in a personal
information bank designated as an exempt bank under subsection (1).

Contents of order

(3) An order made under subsection (1) shall specify

(a) the section on the basis of which the order is made; and

(b) where a personal information bank is designated that contains files that
consist predominantly of personal information described in subparagraph
22(1)(a)(ii), the law concerned.

1980-81-82-83, c. 111, Sch. II "18".

Responsibilities of Government

Personal information obtained in confidence

19. (1) Subject to subsection (2), the head of a government institution shall
refuse to disclose any personal information requested under subsection 12(1)
that was obtained in confidence from

(a) the government of a foreign state or an institution thereof;

(b) an international organization of states or an institution thereof;

(c) the government of a province or an institution thereof; or

(d) a municipal or regional government established by or pursuant to an Act of
the legislature of a province or an institution of such a government.

Where disclosure authorized

(2) The head of a government institution may disclose any personal information
requested under subsection 12(1) that was obtained from any government,
organization or institution described in subsection (1) if the government,
organization or institution from which the information was obtained

(a) consents to the disclosure; or

(b) makes the information public.

1980-81-82-83, c. 111, Sch. II "19".

Federal-provincial affairs

20. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) the disclosure of which could
reasonably be expected to be injurious to the conduct by the Government of
Canada of federal-provincial affairs.

1980-81-82-83, c. 111, Sch. II "20".

International affairs and defence

21. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) the disclosure of which could
reasonably be expected to be injurious to the conduct of international affairs,
the defence of Canada or any state allied or associated with Canada, as defined
in subsection 15(2) of the Access to Information Act, or the efforts of Canada
toward detecting, preventing or suppressing subversive or hostile activities, as
defined in subsection 15(2) of the Access to Information Act, including, without
restricting the generality of the foregoing, any such information listed in
paragraphs 15(1)(a) to (i) of the Access to Information Act.

1980-81-82-83, c. 111, Sch. II "21".

Law enforcement and investigation

22. (1) The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1)

(a) that was obtained or prepared by any government institution, or part of any
government institution, that is an investigative body specified in the
regulations in the course of lawful investigations pertaining to

(i) the detection, prevention or suppression of crime,

(ii) the enforcement of any law of Canada or a province, or

(iii) activities suspected of constituting threats to the security of Canada
within the meaning of the Canadian Security Intelligence Service Act,

if the information came into existence less than twenty years prior to the
request;

(b) the disclosure of which could reasonably be expected to be injurious to the
enforcement of any law of Canada or a province or the conduct of lawful
investigations, including, without restricting the generality of the foregoing,
any such information

(i) relating to the existence or nature of a particular investigation,

(ii) that would reveal the identity of a confidential source of information, or

(iii) that was obtained or prepared in the course of an investigation; or

(c) the disclosure of which could reasonably be expected to be injurious to the
security of penal institutions.

Policing services for provinces or municipalities

(2) The head of a government institution shall refuse to disclose any personal
information requested under subsection 12(1) that was obtained or prepared by
the Royal Canadian Mounted Police while performing policing services for a
province or municipality pursuant to an arrangement made under section 20 of the
Royal Canadian Mounted Police Act, where the Government of Canada has, on the
request of the province or municipality, agreed not to disclose such
information.

Definition of "investigation"

(3) For the purposes of paragraph (1)(b), "investigation" means an investigation
that

(a) pertains to the administration or enforcement of an Act of Parliament;

(b) is authorized by or pursuant to an Act of Parliament; or

(c) is within a class of investigations specified in the regulations.

1980-81-82-83, c. 111, Sch. II "22"; 1984, c. 21, s. 90, c. 40, s. 79.

Security clearances

23. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) that was obtained or prepared by an
investigative body specified in the regulations for the purpose of determining
whether to grant security clearances

(a) required by the Government of Canada or a government institution in respect
of individuals employed by or performing services for the Government of Canada
or a government institution, individuals employed by or performing services for
a person or body performing services for the Government of Canada or a
government institution, individuals seeking to be so employed or seeking to
perform those services, or

(b) required by the government of a province or a foreign state or an
institution thereof,

if disclosure of the information could reasonably be expected to reveal the
identity of the individual who furnished the investigative body with the
information.

1980-81-82-83, c. 111, Sch. II "23".

Individuals sentenced for an offence

24. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) that was collected or obtained by
the Correctional Service of Canada or the National Parole Board while the
individual who made the request was under sentence for an offence against any
Act of Parliament, if the disclosure could reasonably be expected to

(a) lead to a serious disruption of the individual's institutional, parole or
statutory release program; or

(b) reveal information about the individual originally obtained on a promise of
confidentiality, express or implied.

R.S., 1985, c. P-21, s. 24; 1994, c. 26, s. 56.

Safety of individuals

25. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) the disclosure of which could
reasonably be expected to threaten the safety of individuals.

1980-81-82-83, c. 111, Sch. II "25".

Personal Information

Information about another individual

26. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) about an individual other than the
individual who made the request, and shall refuse to disclose such information
where the disclosure is prohibited under section 8.

1980-81-82-83, c. 111, Sch. II "26".

Solicitor-Client Privilege

Solicitor-client privilege

27. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) that is subject to solicitor-client
privilege.

1980-81-82-83, c. 111, Sch. II "27".

Medical Records

Medical record

28. The head of a government institution may refuse to disclose any personal
information requested under subsection 12(1) that relates to the physical or
mental health of the individual who requested it where the examination of the
information by the individual would be contrary to the best interests of the
individual.

1980-81-82-83, c. 111, Sch. II "28".

COMPLAINTS

Receipt and investigation of complaints

29. (1) Subject to this Act, the Privacy Commissioner shall receive and
investigate complaints

(a) from individuals who allege that personal information about themselves held
by a government institution has been used or disclosed otherwise than in
accordance with section 7 or 8;

(b) from individuals who have been refused access to personal information
requested under subsection 12(1);

(c) from individuals who allege that they are not being accorded the rights to
which they are entitled under subsection 12(2) or that corrections of personal
information requested under paragraph 12(2)(a) are being refused without
justification;

(d) from individuals who have requested access to personal information in
respect of which a time limit has been extended pursuant to section 15 where
they consider the extension unreasonable;

(e) from individuals who have not been given access to personal information in
the official language requested by the individuals under subsection 17(2);

(e.1) from individuals who have not been given access to personal information in
an alternative format pursuant to a request made under subsection 17(3);

(f) from individuals who have been required to pay a fee that they consider
inappropriate;

(g) in respect of the index referred to in subsection 11(1); or

(h) in respect of any other matter relating to

(i) the collection, retention or disposal of personal information by a
government institution,

(ii) the use or disclosure of personal information under the control of a
government institution, or

(iii) requesting or obtaining access under subsection 12(1) to personal
information.

Complaints submitted on behalf of complainants

(2) Nothing in this Act precludes the Privacy Commissioner from receiving and
investigating complaints of a nature described in subsection (1) that are
submitted by a person authorized by the complainant to act on behalf of the
complainant, and a reference to a complainant in any other section includes a
reference to a person so authorized.

Privacy Commissioner may initiate complaint

(3) Where the Privacy Commissioner is satisfied that there are reasonable
grounds to investigate a matter under this Act, the Commissioner may initiate a
complaint in respect thereof.

R.S., 1985, c. P-21, s. 29; 1992, c. 21, s. 37.

Written complaint

30. A complaint under this Act shall be made to the Privacy Commissioner in
writing unless the Commissioner authorizes otherwise.

1980-81-82-83, c. 111, Sch. II "30".

INVESTIGATIONS

Notice of intention to investigate

31. Before commencing an investigation of a complaint under this Act, the
Privacy Commissioner shall notify the head of the government institution
concerned of the intention to carry out the investigation and shall inform the
head of the institution of the substance of the complaint.

1980-81-82-83, c. 111, Sch. II "31".

Regulation of procedure

32. Subject to this Act, the Privacy Commissioner may determine the procedure to
be followed in the performance of any duty or function of the Commissioner under
this Act.

1980-81-82-83, c. 111, Sch. II "32".

Investigations in private

33. (1) Every investigation of a complaint under this Act by the Privacy
Commissioner shall be conducted in private.

Right to make representation

(2) In the course of an investigation of a complaint under this Act by the
Privacy Commissioner, the person who made the complaint and the head of the
government institution concerned shall be given an opportunity to make
representations to the Commissioner, but no one is entitled as of right to be
present during, to have access to or to comment on representations made to the
Commissioner by any other person.

1980-81-82-83, c. 111, Sch. II "33".

Powers of Privacy Commissioner in carrying out investigations

34. (1) The Privacy Commissioner has, in relation to the carrying out of the
investigation of any complaint under this Act, power

(a) 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;

(b) to administer oaths;

(c) 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;

(d) to enter any premises occupied by any government institution on satisfying
any security requirements of the institution relating to the premises;

(e) 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

(f) 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

(2) Notwithstanding any other Act of Parliament or any privilege under the law
of evidence, 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.

Evidence in other proceedings

(3) 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

(4) 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.

(5) 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.

R.S., 1985, c. P-21, s. 34; R.S., 1985, c. 27 (1st Supp.), s. 187.

Findings and recommendations of Privacy Commissioner

35. (1) If, on investigating a complaint under this Act in respect of personal
information, the Privacy Commissioner finds that the complaint is well-founded,
the Commissioner shall provide the head of the government institution that has
control of the personal information with a report containing

(a) the findings of the investigation and any recommendations that the
Commissioner considers appropriate; and

(b) where appropriate, a request that, within a time specified therein, notice
be given to the Commissioner of any action taken or proposed to be taken to
implement the recommendations contained in the report or reasons why no such
action has been or is proposed to be taken.

Report to complainant

(2) The Privacy Commissioner shall, after investigating a complaint under this
Act, report to the complainant the results of the investigation, but where a
notice has been requested under paragraph (1)(b) no report shall be made under
this subsection until the expiration of the time within which the notice is to
be given to the Commissioner.

Matter to be included in report to complainant

(3) Where a notice has been requested under paragraph (1)(b) but no such notice
is received by the Commissioner within the time specified therefor or the action
described in the notice is, in the opinion of the Commissioner, inadequate or
inappropriate or will not be taken in a reasonable time, the Commissioner shall
so advise the complainant in his report under subsection (2) and may include in
the report such comments on the matter as he thinks fit.

Access to be given

(4) Where, pursuant to a request under paragraph (1)(b), the head of a
government institution gives notice to the Privacy Commissioner that access to
personal information will be given to a complainant, the head of the institution
shall give the complainant access to the information forthwith on giving the
notice.

Right of review

(5) Where, following the investigation of a complaint relating to a refusal to
give access to personal information under this Act, access is not given to the
complainant, the Privacy Commissioner shall inform the complainant that the
complainant has the right to apply to the Court for a review of the matter
investigated.

1980-81-82-83, c. 111, Sch. II "35".

REVIEW OF EXEMPT BANKS

Investigation of exempt banks

36. (1) The Privacy Commissioner may, from time to time at the discretion of the
Commissioner, carry out investigations of the files contained in personal
information banks designated as exempt banks under section 18.

Sections 31 to 34 apply

(2) Sections 31 to 34 apply, where appropriate and with such modifications as
the circumstances require, in respect of investigations carried out under
subsection (1).

Report of findings and recommendations

(3) If, following an investigation under subsection (1), the Privacy
Commissioner considers that any file contained in a personal information bank
should not be contained therein within the terms of the order designating the
bank as an exempt bank, the Commissioner shall provide the head of the
government institution that has control of the bank with a report containing

(a) the findings of the Commissioner and any recommendations that the
Commissioner considers appropriate; and

(b) where appropriate, a request that, within a time specified therein, notice
be given to the Commissioner of any action taken or proposed to be taken to
implement the recommendations or reasons why no such action has been or is
proposed to be taken.

Reports to be included in annual or special reports to Parliament

(4) Any report made by the Privacy Commissioner under subsection (3), together
with any notice given to the Commissioner in response thereto, may be included
in a report made pursuant to section 38 or 39.

Review of exempt banks by Court

(5) Where the Privacy Commissioner requests a notice under paragraph (3)(b) in
respect of any file contained in a personal information bank designated under
section 18 as an exempt bank and no notice is received within the time specified
therefor or the action described in the notice is, in the opinion of the
Commissioner, inadequate or inappropriate or will not be taken in a reasonable
time, the Privacy Commissioner may make an application to the Court under
section 43.

1980-81-82-83, c. 111, Sch. II "36".

REVIEW OF COMPLIANCE WITH SECTIONS 4 TO 8

Investigation in respect of sections 4 to 8

37. (1) The Privacy Commissioner may, from time to time at the discretion of the
Commissioner, carry out investigations in respect of personal information under
the control of government institutions to ensure compliance with sections 4 to
8.

Sections 31 to 34 apply

(2) Sections 31 to 34 apply, where appropriate and with such modifications as
the circumstances require, in respect of investigations carried out under
subsection (1).

Report of findings and recommendations

(3) If, following an investigation under subsection (1), the Privacy
Commissioner considers that a government institution has not complied with
sections 4 to 8, the Commissioner shall provide the head of the institution with
a report containing the findings of the investigation and any recommendations
that the Commissioner considers appropriate.

Reports to be included in annual or special reports

(4) Any report made by the Privacy Commissioner under subsection (3) may be
included in a report made pursuant to section 38 or 39.

1980-81-82-83, c. 111, Sch. II "37".

REPORTS TO PARLIAMENT

Annual report

38. The Privacy Commissioner shall, within three months after the termination of
each financial year, submit an annual report to Parliament on the activities of
the office during that financial year.

1980-81-82-83, c. 111, Sch. II "38".

Special reports

39. (1) The Privacy Commissioner may, at any time, make a special report to
Parliament referring to and commenting on any matter within the scope of the
powers, duties and functions of the Commissioner where, in the opinion of the
Commissioner, the matter is of such urgency or importance that a report thereon
should not be deferred until the time provided for transmission of the next
annual report of the Commissioner under section 38.

Where investigation made

(2) Any report made pursuant to subsection (1) that relates to an investigation
under this Act shall be made only after the procedures set out in section 35, 36
or 37 have been followed in respect of the investigation.

1980-81-82-83, c. 111, Sch. II "39".

Transmission of reports

40. (1) Every report to Parliament made by the Privacy Commissioner under
section 38 or 39 shall be made by being transmitted to the Speaker of the Senate
and to the Speaker of the House of Commons for tabling in those Houses.

Reference to Parliamentary committee

(2) Every report referred to in subsection (1) shall, after it is transmitted
for tabling pursuant to that subsection, be referred to the committee designated
or established by Parliament for the purpose of subsection 75(1).

1980-81-82-83, c. 111, Sch. II "40".

REVIEW BY THE FEDERAL COURT

Review by Federal Court where access refused

41. Any individual who has been refused access to personal information requested
under subsection 12(1) may, if a complaint has been made to the Privacy
Commissioner in respect of the refusal, apply to the Court for a review of the
matter within forty-five days after the time the results of an investigation of
the complaint by the Privacy Commissioner are reported to the complainant under
subsection 35(2) or within such further time as the Court may, either before or
after the expiration of those forty-five days, fix or allow.

1980-81-82-83, c. 111, Sch. II "41".

Privacy Commissioner may apply or appear

42. The Privacy Commissioner may

(a) apply to the Court, within the time limits prescribed by section 41, for a
review of any refusal to disclose personal information requested under
subsection 12(1) in  respect of which an investigation has been carried out by
the Privacy Commissioner, if the Commissioner has the consent of the individual
who requested access to the information;

(b) appear before the Court on behalf of any individual who has applied for a
review under section 41; or

(c) with leave of the Court, appear as a party to any review applied for under
section 41.

1980-81-82-83, c. 111, Sch. II "42".

Application respecting files in exempt banks

43. In the circumstances described in subsection 36(5), the Privacy Commissioner
may apply to the Court for a review of any file contained in a personal
information bank designated as an exempt bank under section 18.

1980-81-82-83, c. 111, Sch. II "43".

Hearing in summary way

44. An application made under section 41, 42 or 43 shall be heard and determined
in a summary way in accordance with any special rules made in respect of such
applications pursuant to section 46 of the Federal Court Act.

1980-81-82-83, c. 111, Sch. II "44".

Access to information

45. Notwithstanding any other Act of Parliament or any privilege under the law
of evidence, the Court may, in the course of any proceedings before the Court
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.

1980-81-82-83, c. 111, Sch. II "45".

Court to take precautions against disclosing

46. (1) In any proceedings before the Court arising from an application under
section 41, 42 or 43, the Court shall take every reasonable precaution,
including, when appropriate, receiving representations ex parte and conducting
hearings in camera, to avoid the disclosure by the Court or any person of

(a) any information or other material that the head of a government institution
would be authorized to refuse to disclose if it were requested under subsection
12(1) or contained in a record requested under the Access to Information Act; or

(b) any information as to whether personal information exists where the head of
a government institution, in refusing to disclose the personal information under
this Act, does not indicate whether it exists.

Disclosure of offence authorized

(2) The Court may disclose to the appropriate authority information relating to
the commission of an offence against any law of Canada or a province on the part
of any officer or employee of a government institution, if in the opinion of the
Court there is evidence thereof.

1980-81-82-83, c. 111, Sch. II "46".

Burden of proof

47. In any proceedings before the Court arising from an application under
section 41, 42 or 43, the burden of establishing that the head of a government
institution is authorized to refuse to disclose personal information requested
under subsection 12(1) or that a file should be included in a personal
information bank designated as an exempt bank under section 18 shall be on the
government institution concerned.

1980-81-82-83, c. 111, Sch. II "47".

Order of Court where no authorization to refuse disclosure found

48. Where the head of a government institution refuses to disclose personal
information requested under subsection 12(1) on the basis of a provision of this
Act not referred to in section 49, the Court shall, if it determines that the
head of the institution is not authorized under this Act to refuse to disclose
the personal information, order the head of the institution to disclose the
personal information, subject to such conditions as the Court deems appropriate,
to the individual who requested access thereto, or shall make such other order
as the Court deems appropriate.

1980-81-82-83, c. 111, Sch. II "48".

Order of Court where reasonable grounds of injury not found

49. Where the head of a government institution refuses to disclose personal
information requested under subsection 12(1) on the basis of section 20 or 21 or
paragraph 22(1)(b) or (c) or 24(a), the Court shall, if it determines that the
head of the institution did not have reasonable grounds on which to refuse to
disclose the personal information, order the head of the institution to disclose
the personal information, subject to such conditions as the Court deems
appropriate, to the individual who requested access thereto, or shall make such
other order as the Court deems appropriate.

1980-81-82-83, c. 111, Sch. II "49".

Order to remove file from exempt bank

50. Where the Privacy Commissioner makes an application to the Court under
section 43 for a review of a file contained in a personal information bank
designated as an exempt bank under section 18, the Court shall, if it determines

(a) in the case of a file contained in the bank on the basis of personal
information described in paragraph 22(1)(a) or subsection 22(2), that the file
should not be included therein, or

(b) in the case of a file contained in the bank on the basis of personal
information described in section 21 or paragraph 22(1)(b) or (c), that
reasonable grounds do not exist on which to include the file in the bank,

order the head of the government institution that has control of the bank to
remove the file from the bank or make such other order as the Court deems
appropriate.

1980-81-82-83, c. 111, Sch. II "50"; 1984, c. 40, s. 60.

Actions relating to international affairs and defence

51. (1) Any application under section 41 or 42 relating to  personal information
that the head of a government institution has refused to disclose by reason of
paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in
respect of a file contained in a personal information bank designated as an
exempt bank under section 18 to contain files all of which consist predominantly
of personal information described in section 21, shall be heard and determined
by the Associate Chief Justice of the Federal Court or by such other judge of
the Court as the Associate Chief Justice may designate to hear the applications.

Special rules for hearings

(2) An application referred to in subsection (1) or an appeal brought in respect
of such application shall

(a) be heard in camera; and

(b) on the request of the head of the government institution concerned, be heard
and determined in the National Capital Region described in the schedule to the
National Capital Act.

Ex parte representations

(3) During the hearing of an application referred to in subsection (1) or an
appeal brought in respect of such application, the head of the government
institution concerned shall, on the request of the head of the institution, be
given the opportunity to make representations ex parte.

1980-81-82-83, c. 111, Sch. II "51".

Costs

52. (1) Subject to subsection (2), the costs of and incidental to all
proceedings in the Court under this Act shall be in the discretion of the Court
and shall follow the event unless the Court orders otherwise.

Idem

(2) Where the Court is of the opinion that an application for review under
section 41 or 42 has raised an important new principle in relation to this Act,
the Court shall order that costs be awarded to the applicant even if the
applicant has not been successful in the result.

1980-81-82-83, c. 111, Sch. II "52".

OFFICE OF THE PRIVACY COMMISSIONER

Privacy Commissioner

Privacy Commissioner

53. (1) The Governor in Council shall, by commission under the Great Seal,
appoint a Privacy Commissioner after approval of the appointment by resolution
of the Senate and House of Commons.

Tenure of office and removal

(2) Subject to this section, the Privacy Commissioner holds office during good
behaviour for a term of seven years, but may be removed by the Governor in
Council at any time on address of the Senate and House of Commons.

Further terms

(3) The Privacy Commissioner, on the expiration of a first or any subsequent
term of office, is eligible to be re-appointed for a further term not exceeding
seven years.

Absence or incapacity

(4) In the event of the absence or incapacity of the Privacy Commissioner, or if
the office of Privacy Commissioner is vacant, the Governor in Council may
appoint another qualified person to hold office instead of the Commissioner for
a term not exceeding six months, and that person shall, while holding that
office, have all of the powers, duties and functions of the Privacy Commissioner
under this Act or any other Act of Parliament and be paid such salary or other
remuneration and expenses as may be fixed by the Governor in Council.

1980-81-82-83, c. 111, Sch. II "53".

Rank, powers and duties generally

54. (1) The Privacy Commissioner shall rank as and have all the powers of a
deputy head of a department, shall engage exclusively in the duties of the
office of Privacy Commissioner under this Act or any other Act of Parliament and
shall not hold any other office under Her Majesty for reward or engage in any
other employment for reward.

Salary and expenses

(2) The Privacy Commissioner shall be paid a salary equal to the salary of a
judge of the Federal Court, other than the Chief Justice or the Associate Chief
Justice of that Court, and is entitled to be paid reasonable travel and living
expenses incurred in the performance of duties under this Act or any other Act
of Parliament.

Pension benefits

(3) The provisions of the Public Service Superannuation Act, other than those
relating to tenure of office, apply to the Privacy Commissioner, except that a
person appointed as Privacy Commissioner from outside the Public Service, as
defined in the Public Service Superannuation Act, may, by notice in writing
given to the President of the Treasury Board not more than sixty days after the
date of appointment, elect to participate in the pension plan provided in the
Diplomatic Service (Special) Superannuation Act, in which case the provisions of
that Act, other than those relating to tenure of office, apply to the Privacy
Commissioner from the date of appointment and the provisions of the Public
Service Superannuation Act do not apply.

Other benefits

(4) The Privacy Commissioner is deemed to be employed in the public service of
Canada for the purposes of the Government Employees Compensation Act and any
regulations made under section 9 of the Aeronautics Act.

1980-81-82-83, c. 111, Sch. II "54".

Information Commissioner may be appointed as Privacy Commissioner

55. (1) The Governor in Council may appoint as Privacy Commissioner under
section 53 the Information Commissioner appointed under the Access to
Information Act.

Salary

(2) In the event that the Information Commissioner is appointed in accordance
with subsection (1) as Privacy Commissioner, the Privacy Commissioner shall,
notwithstanding subsection 54(2), be paid the salary of the Information
Commissioner but not the salary of the Privacy Commissioner.

1980-81-82-83, c. 111, Sch. II "55".

Assistant Privacy Commissioner

Appointment of Assistant Privacy Commissioner

56. (1) The Governor in Council may, on the recommendation of the Privacy
Commissioner, appoint one or more Assistant Privacy Commissioners.

Tenure of office and removal of Assistant Privacy Commissioner

(2) Subject to this section, an Assistant Privacy Commissioner holds office
during good behaviour for a term not exceeding five years.

Further terms

(3) An Assistant Privacy Commissioner, on the expiration of a first or any
subsequent term of office, is eligible to be re-appointed for a further term not
exceeding five years.

1980-81-82-83, c. 111, Sch. II "56"; 1984, c. 40, s. 79.

Duties generally

57. (1) An Assistant Privacy Commissioner shall engage exclusively in such
duties or functions of the office of the Privacy Commissioner under this Act or
any other Act of Parliament as are delegated by the Privacy Commissioner to that
Assistant Privacy Commissioner and shall not hold any other office under Her
Majesty for reward or engage in any other employment for reward.

Salary and expenses

(2) An Assistant Privacy Commissioner is entitled to be paid a salary to be
fixed by the Governor in Council and such travel and living expenses incurred in
the performance of duties under this Act or any other Act of Parliament as the
Privacy Commissioner considers reasonable.

Pension benefits

(3) The provisions of the Public Service Superannuation Act, other than those
relating to tenure of office, apply to an Assistant Privacy Commissioner.

Other benefits

(4) An Assistant Privacy Commissioner is deemed to be employed in the public
service of Canada for the purposes of the Government Employees Compensation Act
and any regulations made under section 9 of the Aeronautics Act.

1980-81-82-83, c. 111, Sch. II "57".

Staff

Staff of the Privacy Commissioner

58. (1) Such officers and employees as are necessary to enable the Privacy
Commissioner to perform the duties and functions of the Commissioner under this
Act or any other Act of Parliament shall be appointed in accordance with the
Public Service Employment Act.

Technical assistance

(2) The Privacy Commissioner may engage on a temporary basis the services of
persons having technical or specialized knowledge of any matter relating to the
work of the Commissioner to advise and assist the Commissioner in the
performance of the duties and functions of the Commissioner under this Act or
any other Act of Parliament and, with the approval of the Treasury Board, may
fix and pay the remuneration and expenses of such persons.

1980-81-82-83, c. 111, Sch. II "58".

Delegation

Delegation by Privacy Commissioner

59. (1) Subject to subsection (2), the Privacy Commissioner may authorize any
person to exercise or perform, subject to such restrictions or limitations as
the Commissioner may specify, any of the powers, duties or functions of the
Commissioner under this Act except

(a) in any case other than a delegation to an Assistant Privacy Commissioner,
the power to delegate under this section; and

(b) in any case, the powers, duties or functions set out in sections 38 and 39.

Delegations of investigations relating to international affairs and defence

(2) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner,
delegate

(a) the investigation of any complaint resulting from a refusal by the head of a
government institution to disclose personal information by reason of paragraph
19(1)(a) or (b) or section 21, or

(b) the investigation under section 36 of files contained in a personal
information bank designated under section 18 as an exempt bank on the basis of
personal information described in section 21

except to one of a maximum of four officers or employees of the Commissioner
specifically designated by the Commissioner for the purpose of conducting those
investigations.

Delegation by Assistant Privacy Commissioner

(3) An Assistant Privacy Commissioner may authorize any person to exercise or
perform, subject to such restrictions or limitations as the Assistant Privacy
Commissioner may specify, any of the powers, duties or functions of the Privacy
Commissioner under this Act that the Assistant Privacy Commissioner is
authorized by the Privacy Commissioner to exercise or perform.

1980-81-82-83, c. 111, Sch. II "59".

Special Studies

Special studies

60. (1) The Privacy Commissioner shall carry out or cause to be carried out such
studies as may be referred to the Commissioner by the Minister of Justice

(a) relating to the privacy of individuals,

(b) concerning the extension of the rights to which individuals are entitled
under this Act in respect of personal information about themselves, and

(c) relating to the collection, retention, disposal, use or disclosure of
personal information by persons or bodies, other than government institutions,
that come within the legislative authority of Parliament,

and the Privacy Commissioner shall report thereon to the Minister of Justice
from time to time.

Reports to be tabled

(2) The Minister of Justice shall cause each report by the Privacy Commissioner
under subsection (1) to be laid before Parliament on any of the first fifteen
days after receipt thereof that either House of Parliament is sitting.

1980-81-82-83, c. 111, Sch. II "60".

General

Principal office

61. The principal office of the Privacy Commissioner shall be in the National
Capital Region described in the schedule to the National Capital Act.

1980-81-82-83, c. 111, Sch. II "61".

Security requirements

62. The Privacy Commissioner and every person acting on behalf or under the
direction of the Commissioner who receives or obtains information relating to
any investigation under this Act or any other Act of Parliament shall, with
respect to access to and the use of that information, satisfy any security
requirements applicable to, and take any oath of secrecy required to be taken
by, persons who normally have access to and use of that information.

1980-81-82-83, c. 111, Sch. II "62".

Confidentiality

63. Subject to this Act, the Privacy Commissioner and every person acting on
behalf or under the direction of the Commissioner shall not disclose any
information that comes to their knowledge in the performance of their duties and
functions under this Act.

1980-81-82-83, c. 111, Sch. II "63".

Disclosure authorized

64. (1) The Privacy Commissioner may disclose or may authorize any person acting
on behalf or under the direction of the Commissioner to disclose information

(a) that, in the opinion of the Commissioner, is necessary to

(i) carry out an investigation under this Act, or

(ii) establish the grounds for findings and recommendations contained in any
report under this Act; or

(b) in the course of a prosecution for an offence under this Act, a prosecution
for an offence under section 131 of the Criminal Code (perjury) in respect of a
statement made under this Act, a review before the Court under this Act or an
appeal therefrom.

Disclosure of offence authorized

(2) The Privacy Commissioner may disclose to the Attorney General of Canada
information relating to the commission of an offence against any law of Canada
or a province on the part of any officer or employee of a government institution
if in the opinion of the Commissioner there is evidence thereof.

R.S., 1985, c. P-21, s. 64; R.S., 1985, c. 27 (1st Supp.), s. 187.

Information not to be disclosed

65. In carrying out an investigation under this Act, in notifying an individual
of a disclosure under subsection 8(5) and in any report made to Parliament under
section 38 or 39, the Privacy Commissioner and every person acting on behalf or
under the direction of the Privacy Commissioner  shall take every reasonable
precaution to avoid the disclosure of, and shall not disclose,

(a) any information that the head of a government institution would be
authorized to refuse to disclose if it were requested under subsection 12(1) or
contained in a record requested under the Access to Information Act; or

(b) any information as to whether personal information exists where the head of
a government institution, in refusing to disclose the personal information under
this Act, does not indicate whether it exists.

1980-81-82-83, c. 111, Sch. II "65".

No summons

66. The Privacy Commissioner or any person acting on behalf or under the
direction of the Commissioner is not a competent or compellable witness, in
respect of any matter coming to the knowledge of the Commissioner or that person
as a result of performing any duties or functions under this Act during an
investigation, 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 therefrom.

R.S., 1985, c. P-21, s. 66; R.S., 1985, c. 27 (1st Supp.), s. 187.

Protection of Privacy Commissioner

67. (1) No criminal or civil proceedings lie against the Privacy Commissioner,
or against any person acting on behalf or under the direction of the
Commissioner, for anything done, reported or said in good faith in the course of
the exercise or performance or purported exercise or performance of any power,
duty or function of the Commissioner under this Act.

Libel or slander

(2) For the purposes of any law relating to libel or slander,

(a) anything said, any information supplied or any document or thing produced in
good faith in the course of an investigation carried out by or on behalf of the
Privacy Commissioner under this Act is privileged; and

(b) any report made in good faith by the Privacy Commissioner under this Act and
any fair and accurate account of the report made in good faith in a newspaper or
any other periodical publication or in a broadcast is privileged.

1980-81-82-83, c. 111, Sch. II "67".

OFFENCES

Obstruction

68. (1) No person shall obstruct the Privacy Commissioner or any person acting
on behalf or under the direction of the Commissioner in the performance of the
Commissioner's duties and functions under this Act.

Offence and punishment

(2) Every person who contravenes this section is guilty of an offence and liable
on summary conviction to a fine not exceeding one thousand dollars.

1980-81-82-83, c. 111, Sch. II "68".

GENERAL

Act does not apply to certain materials

69. (1) This Act does not apply to

(a) library or museum material preserved solely for public reference or
exhibition purposes; or

(b) material placed in the National Archives of Canada, the National Library,
the National Gallery of Canada, the Canadian Museum of Civilization, the
Canadian Museum of Nature or the National Museum of Science and Technology by or
on behalf of persons or organizations other than government institutions.

Sections 7 and 8 do not apply to certain information

(2) Sections 7 and 8 do not apply to personal information that is publicly
available.

R.S., 1985, c. P-21, s. 69; R.S., 1985, c. 1 (3rd Supp.), s. 12; 1990, c. 3, s.
32; 1992, c. 1, s. 143(E).

Confidences of the Queen's Privy Council for Canada

70. (1) This Act does not apply to confidences of the Queen's Privy Council for
Canada, including, without restricting the generality of the foregoing, any
information contained in

(a) memoranda the purpose of which is to present proposals or recommendations to
Council;

(b) discussion papers the purpose of which is to present background
explanations, analyses of problems or policy options to Council for
consideration by Council in making decisions;

(c) agenda of Council or records recording deliberations or decisions of
Council;

(d) records used for or reflecting communications or discussions between
ministers of the Crown on matters relating to the making of government decisions
or the formulation of government policy;

(e) records the purpose of which is to brief ministers of the Crown in relation
to matters that are before, or are proposed to be brought before, Council or
that are the subject of communications or discussions referred to in paragraph
(d); and

(f) draft legislation.

Definition of "Council"

(2) For the purposes of subsection (1), "Council" means the Queen's Privy
Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet
and committees of Cabinet.

Exception

(3) Subsection (1) does not apply to

(a) confidences of the Queen's Privy Council for Canada that have been in
existence for more than twenty years; or

(b) discussion papers described in paragraph (1)(b)

(i) if the decisions to which the discussion papers relate have been made
public, or

(ii) where the decisions have not been made public, if four years have passed
since the decisions were made.

R.S., 1985, c. P-21, s. 70; 1992, c. 1, s. 144(F).

Duties and functions of designated Minister

71. (1) Subject to subsection (2), the designated Minister shall

(a) 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;

(b) assign or cause to be assigned a registration number to each personal
information bank;

(c) prescribe such forms as may be required for the operation of this Act and
the regulations;

(d) cause to be prepared and distributed to government institutions directives
and guidelines concerning the operation of this Act and the regulations; and

(e) prescribe the form of, and what information is to be included in, reports
made to Parliament under section 72.

Exception for Bank of Canada

(2) 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

(3) 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

(4) 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)

(5) 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

(6) 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).

1980-81-82-83, c. 111, Sch. II "71".

Report to Parliament

72. (1) The head of every government institution shall prepare for submission to
Parliament an annual report on the administration of this Act within the
institution during each financial year.

Tabling of report

(2) Every report prepared under subsection (1) shall be laid before each House
of Parliament within three months after the financial year in respect of which
it is made or, if that House is not then sitting, on any of the first fifteen
days next thereafter that it is sitting.

Reference to Parliamentary committee

(3) 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).

1980-81-82-83, c. 111, Sch. II "72".

Delegation by the head of a government institution

73. The head of a government institution may, by order, designate one or more
officers or employees of that institution to exercise or perform any of the
powers, duties or functions of the head of the institution under this Act that
are specified in the order.

1980-81-82-83, c. 111, Sch. II "73".

Protection from civil proceeding or from prosecution

74. 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.

1980-81-82-83, c. 111, Sch. II "74".

Permanent review of this Act by Parliamentary committee

75. (1) 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

(2) 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.

1980-81-82-83, c. 111, Sch. II "75".

Binding on Crown

76. This Act is binding on Her Majesty in right of Canada.

1980-81-82-83, c. 111, Sch. II "76".

Regulations

77. (1) The Governor in Council may make regulations

(a) specifying government institutions or parts of government institutions for
the purpose of paragraph (e) of the definition "personal information" in section
3;

(b) prescribing the period of time for which any class of personal information
is to be retained under subsection 6(1);

(c) 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);

(d) specifying investigative bodies for the purposes of paragraph 8(2)(e) and
sections 22 and 23;

(e) prescribing the circumstances in which and the conditions under which
personal information may be disclosed under subsection 8(3);

(f) 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);

(g) specifying persons or bodies for the purpose of paragraph 8(2)(h);

(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);

(i) 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;

(j) 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;

(k) 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;

(l) specifying classes of investigations for the purpose of paragraph 22(3)(c);

(m) 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;

(n) 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

(o) 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.

Additions to schedule

(2) The Governor in Council may, by order, amend the schedule by adding thereto
any department, ministry of state, body or office of the Government of Canada.

1980-81-82-83, c. 111, Sch. II "77".

SCHEDULE

(Section 3)

GOVERNMENT INSTITUTIONS

Departments and Ministries of State

Department of Agriculture and Agri-Food

Ministère de l'Agriculture et de l'Agroalimentaire

Department of Canadian Heritage

Ministère du Patrimoine canadien

Department of Citizenship and Immigration

Ministère de la Citoyenneté et de l'Immigration

Department of the Environment

Ministère de l'Environnement

Department of Finance

Ministère des Finances

Department of Fisheries and Oceans

Ministère des Pêches et des Océans

Department of Foreign Affairs and International Trade

Ministère des Affaires étrangères et du Commerce international

Department of Health

Ministère de la Santé

Department of Human Resources Development

Ministère du Développement des ressources humaines

Department of Indian Affairs and Northern Development

Ministère des Affaires indiennes et du Nord canadien

Department of Industry

Ministère de l'Industrie

Department of Justice

Ministère de la Justice

Department of National Defence (including the Canadian Forces)

Ministère de la Défense nationale (y compris les Forces canadiennes)

Department of National Revenue

Ministère du Revenu national

Department of Natural Resources

Ministère des Ressources naturelles

Department of Public Works and Government Services

Ministère des Travaux publics et des Services gouvernementaux

Department of the Solicitor General

Ministère du Solliciteur général

Department of Transport

Ministère des Transports

Department of Veterans Affairs

Ministère des Anciens combattants

Department of Western Economic Diversification

Ministère de la Diversification de l'économie de l'Ouest canadien

Other Government Institutions

Agricultural Products Board

Office des produits agricoles

Atlantic Canada Opportunities Agency

Agence de promotion économique du Canada atlantique

Atlantic Pilotage Authority

Administration de pilotage de l'Atlantique

Atomic Energy Control Board

Commission de contrôle de l'énergie atomique

Bank of Canada

Banque du Canada

British Columbia Treaty Commission

Commission des traités de la Colombie-Britannique

Business Development Bank of Canada

Banque de développement du Canada

Canada Council

Conseil des Arts du Canada

Canada Deposit Insurance Corporation

Société d'assurance-dépôts du Canada

Canada Employment Insurance Commission

Commission de l'assurance-emploi du Canada

Canada Information Office

Bureau d'information du Canada

Canada Labour Relations Board

Conseil canadien des relations du travail

Canada Mortgage and Housing Corporation

Société canadienne d'hypothèques et de logement

Canada-Newfoundland Offshore Petroleum Board

Office Canada - Terre-Neuve des hydrocarbures extracôtiers

Canada-Nova Scotia Offshore Petroleum Board

Office Canada - Nouvelle-Écosse des hydrocarbures extracôtiers

Canada Ports Corporation

Société canadienne des ports

Canada Post Corporation

Société canadienne des postes

Canadian Advisory Council on the Status of Women

Conseil consultatif canadien de la situation de la femme

Canadian Artists and Producers Professional Relations Tribunal

Tribunal canadien des relations professionnelles artistes-producteurs

Canadian Centre for Management Development

Centre canadien de gestion

Canadian Centre for Occupational Health and Safety

Centre canadien d'hygiène et de sécurité au travail

Canadian Commercial Corporation

Corporation commerciale canadienne

Canadian Cultural Property Export Review Board

Commission canadienne d'examen des exportations de biens culturels

Canadian Dairy Commission

Commission canadienne du lait

Canadian Environmental Assessment Agency

Agence canadienne d'évaluation environnementale

Canadian Film Development Corporation

Société de développement de l'industrie cinématographique canadienne

Canadian Government Specifications Board

Office des normes du gouvernement canadien

Canadian Grain Commission

Commission canadienne des grains

Canadian Human Rights Commission

Commission canadienne des droits de la personne

Canadian International Development Agency

Agence canadienne de développement international

Canadian International Trade Tribunal

Tribunal canadien du commerce extérieur

Canadian Museum of Civilization

Musée canadien des civilisations

Canadian Museum of Nature

Musée canadien de la nature

Canadian Polar Commission

Commission canadienne des affaires polaires

Canadian Radio-television and Telecommunications Commission

Conseil de la radiodiffusion et des télécommunications canadiennes

Canadian Security Intelligence Service

Service canadien du renseignement de sécurité

Canadian Space Agency

Agence spatiale canadienne

Canadian Transportation Accident Investigation and Safety Board

Bureau canadien d'enquête sur les accidents de transport et de la sécurité des
transports

Canadian Transportation Agency

Office des transports du Canada

Canadian Wheat Board

Commission canadienne du blé

Copyright Board

Commission du droit d'auteur

Correctional Service of Canada

Service correctionnel du Canada

Defence Construction (1951) Limited

Construction de défense (1951) Limitée

Director of Soldier Settlement

Directeur de l'établissement de soldats

The Director, The Veterans' Land Act

Directeur des terres destinées aux anciens combattants

Energy Supplies Allocation Board

Office de répartition des approvisionnements d'énergie

Ethics Counsellor

Conseiller en éthique

Export Development Corporation

Société pour l'expansion des exportations

Farm Credit Corporation

Société du crédit agricole

Federal Office of Regional Development - Quebec

Bureau fédéral de développement régional (Québec)

Federal-Provincial Relations Office

Secrétariat des relations fédérales-provinciales

Fisheries Prices Support Board

Office des prix des produits de la pêche

Freshwater Fish Marketing Corporation

Office de commercialisation du poisson d'eau douce

Grain Transportation Agency Administrator

Administrateur de l'Office du transport du grain

Great Lakes Pilotage Authority, Ltd.

Administration de pilotage des Grands Lacs, Limitée

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

Historic Sites and Monuments Board of Canada

Commission des lieux et monuments historiques du Canada

Human Rights Tribunal Panel

Comité du tribunal des droits de la personne

Immigration and Refugee Board

Commission de l'immigration et du statut de réfugié

International Centre for Human Rights and Democratic Development

Centre international des droits de la personne et du développement démocratique

International Development Research Centre

Centre de recherches pour le développement international

The Jacques-Cartier and Champlain Bridges Inc.

Les Ponts Jacques-Cartier et Champlain Inc.

Laurentian Pilotage Authority

Administration de pilotage des Laurentides

Medical Research Council

Conseil de recherches médicales

Merchant Seamen Compensation Board

Commission d'indemnisation des marins marchands

National Archives of Canada

Archives nationales du Canada

National Arts Centre Corporation

Corporation du Centre national des Arts

The National Battlefields Commission

Commission des champs de bataille nationaux

National Capital Commission

Commission de la capitale nationale

National Energy Board

Office national de l'énergie

National Farm Products Council

Conseil national des produits agricoles

National Film Board

Office national du film

National Gallery of Canada

Musée des beaux-arts du Canada

National Library

Bibliothèque nationale

National Museum of Science and Technology

Musée national des sciences et de la technologie

National Parole Board

Commission nationale des libérations conditionnelles

National Research Council of Canada

Conseil national de recherches du Canada

National Round Table on the Environment and the Economy

Table ronde nationale sur l'environnement et l'économie

Natural Sciences and Engineering Research Council

Conseil de recherches en sciences naturelles et en génie

Northern Pipeline Agency

Administration du pipe-line du Nord

Northwest Territories Water Board

Office des eaux des Territoires du Nord-Ouest

Office of Privatization and Regulatory Affairs

Bureau de privatisation et des affaires réglementaires

Office of the Auditor General of Canada

Bureau du vérificateur général du Canada

Office of the Chief Electoral Officer

Bureau du directeur général des élections

Office of the Commissioner of Official Languages

Commissariat aux langues officielles

Office of the Comptroller General

Bureau du contrôleur général

Office of the Co-ordinator, Status of Women

Bureau de la coordonnatrice de la situation de la femme

Office of the Correctional Investigator of Canada

Bureau de l'enquêteur correctionnel du Canada

Office of the Inspector General of the Canadian Security Intelligence Service

Bureau de l'Inspecteur général du service canadien du renseignement de sécurité

Office of the Superintendent of Financial Institutions

Bureau du surintendant des institutions financières

Pacific Pilotage Authority

Administration de pilotage du Pacifique

Patented Medicine Prices Review Board

Conseil d'examen du prix des médicaments brevetés

Pension Appeals Board

Commission d'appel des pensions

Petroleum Compensation Board

Office des indemnisations pétrolières

Petroleum Monitoring Agency

Agence de surveillance du secteur pétrolier

Prairie Farm Rehabilitation Administration

Administration du rétablissement agricole des Prairies

Privy Council Office

Bureau du Conseil privé

Public Service Commission

Commission de la fonction publique

Public Service Staff Relations Board

Commission des relations de travail dans la fonction publique

Public Works Land Company Limited

Société immobilière des travaux publics limitée

Regional Development Incentives Board

Conseil des subventions au développement régional

Royal Canadian Mint

Monnaie royale canadienne

Royal Canadian Mounted Police

Gendarmerie royale du Canada

Royal Canadian Mounted Police External Review Committee

Comité externe d'examen de la Gendarmerie royale du Canada

Royal Canadian Mounted Police Public Complaints Commission

Commission des plaintes du public contre la Gendarmerie royale du Canada

The St. Lawrence Seaway Authority

Administration de la voie maritime du Saint-Laurent

The Seaway International Bridge Corporation, Ltd.

La Corporation du Pont international de la voie maritime, Ltée

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

Social Sciences and Humanities Research Council

Conseil de recherches en sciences humaines

Standards Council of Canada

Conseil canadien des normes

Statistics Canada

Statistique Canada

Statute Revision Commission

Commission de révision des lois

Treasury Board Secretariat

Secrétariat du Conseil du Trésor

Veterans Review and Appeal Board

Tribunal des anciens combattants (révision et appel)

Yukon Surface Rights Board

Office des droits de surface du Yukon

Yukon Territory Water Board

Office des eaux du territoire du Yukon

R.S., 1985, c. P-21, Sch.; R.S., 1985, c. 22 (1st Supp.), s. 11, c. 44 (1st
Supp.), s. 5, c. 46 (1st Supp.), s. 9; SOR/85-612; R.S., 1985, c. 8 (2nd Supp.),
s. 27, c. 19 (2nd Supp.), s. 52; SOR/86-136; R.S., 1985, c. 1 (3rd Supp.), s.
12, c. 3 (3rd Supp.), s. 2, c. 18 (3rd Supp.), s. 39, c. 20 (3rd Supp.), s. 39,
c. 24 (3rd Supp.), s. 53, c. 28 (3rd Supp.), s. 308, c. 1 (4th Supp.), s. 48, c.
7 (4th Supp.), s. 7, c. 10 (4th Supp.), s. 22, c. 11 (4th Supp.), s. 15, c. 21
(4th Supp.), s. 5, c. 28 (4th Supp.), s. 36, c. 31 (4th Supp.), s. 101, c. 41
(4th Supp.), s. 53, c. 47 (4th Supp.), s. 52; SOR/88-110; 1989, c. 3, s. 47, c.
27, s. 22; 1990, c. 1, s. 31, c. 3, s. 32, c. 13, s. 25; SOR/90-326, 345; 1991,
c. 3, s. 12, c. 6, s. 24, c. 16, s. 23, c. 38, ss. 29, 38; SOR/91-592; 1992, c.
1, ss. 114, 145(F), 155, c. 33, s. 70, c. 37, s. 78; SOR/92-97, 99; 1993, c. 1,
ss. 10, 20, 32, 42, c. 3, ss. 17, 18, c. 31, s. 26, c. 34, ss. 104, 148; 1994,
c. 26, ss. 57, 58, c. 31, s. 20, c. 38, ss. 21, 22, c. 41, ss. 29, 30, c. 43, s.
91; 1995, c. 1, ss. 54 to 56, c. 5, ss. 20, 21, c. 11, ss. 31, 32, c. 12, s. 11,
c. 18, ss. 89, 90, c. 28, ss. 54, 55, c. 29, ss. 15, 31, 35, 75, 84, c. 45, s.
24; 1996, c. 8, ss. 27, 28, c. 10, ss. 253, 254, c. 11, ss. 77 to 80, c. 16, ss.
46 to 48; SOR/96-357, 539.

AMENDMENTS NOT IN FORCE


-                1993, c. 28, s. 78 (Sch. III, ss. 121, 122):

121. The schedule is amended by adding thereto, in alphabetical order under the
heading "Other Government Institutions", the following:

Office of the Interim Commissioner of Nunavut

Bureau du commissaire provisoire du Nunavut

122. The schedule is further amended by striking out, under the heading "Other
Government Institutions", the following:

Office of the Interim Commissioner of Nunavut

Bureau du commissaire provisoire du Nunavut

-                1996, c. 9, s. 28:

28. The schedule to the Privacy Act is amended by adding the following in
alphabetical order under the heading "Other Government Institutions":

Law Commission of Canada

Commission du droit du Canada