Bill C-54

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Agreements	(2) The Commissioner may enter into agreements with any person with whom the Commissioner may consult under subsection (1)
	(a) to coordinate the activities of their offices and the office of the Commissioner, including to provide for mechanisms for the handling of any complaint in which they are mutually interested;
	(b) to undertake and publish research related to the protection of personal information; and
	(c) to develop model contracts for the protection of personal information that is collected, used or disclosed interprovincially or internationally.
Promoting the purposes of the Part	24. The Commissioner shall
	(a) develop and conduct information programs to foster public understanding, and recognition of the purposes, of this Part;
	(b) undertake and publish research that is related to the protection of personal information, including any such research that is requested by the Minister of Industry;
	(c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with sections 5 to 10; and
	(d) promote, by any means that the Commissioner considers appropriate, the purposes of this Part.
Annual report	25. (1) The Commissioner shall, as soon as practicable after the end of each calendar year, submit to Parliament a report concerning the application of this Part, the extent to which the provinces have enacted legislation that is substantially similar to this Part and the application of any such legislation.
Consultation	(2) Before preparing the report, the Commissioner shall consult with those persons in the provinces who, in the Commissioner's opinion, are in a position to assist the Commissioner in reporting respecting personal information that is collected, used or disclosed interprovincially or internationally.
Regulations	26. (1) The Governor in Council may make regulations
	(a) specifying, for the purpose of paragraph 7(3)(d), bodies that are included in the expression ``investigative body'';
	(a.1) specifying information or classes of information for the purpose of paragraph 7(1)(d), (2)(c.1) or (3)(h.1); and
	(b) for carrying out the purposes and provisions of this Part.
Orders	(2) The Governor in Council may, by order,
	(a) provide that this Part is binding on any agent of Her Majesty in right of Canada to which the Privacy Act does not apply; and
	(b) if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province.
Whistleblow- ing	27. (1) Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1, may notify the Commissioner of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
Confiden- tiality	(2) The Commissioner shall keep confidential the identity of a person who has notified the Commissioner under subsection (1) and to whom an assurance of confidentiality has been provided by the Commissioner.
Prohibition	27.1 (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
	(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1;
	(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1;
	(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1 not be contravened; or
	(d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).
Saving	(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
Definitions	(3) In this section, ``employee'' includes an independent contractor and ``employer'' has a corresponding meaning.
Offence and punishment	28. Every person who knowingly contravenes subsection 8(8) or 27.1(1) or who obstructs the Commissioner or the Commissioner's delegate in the investigation of a complaint or in conducting an audit is guilty of
	(a) an offence punishable on summary conviction and liable to a fine not exceeding $10,000; or
	(b) an indictable offence and liable to a fine not exceeding $100,000.
Review of Part by parliamentary committee	29. (1) The administration of this Part shall, every five years after this Part comes into force, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose.
Review and report	(2) The committee shall undertake a review of the provisions and operation of this Part and shall, within a year after the review is undertaken or within any further period that the House of Commons may authorize, submit a report to Parliament that includes a statement of any changes to this Part or its administration that the committee recommends.
	DIVISION 5
	TRANSITIONAL PROVISIONS
Application	30. (1) This Part does not apply to any organization in respect of personal information - other than personal information that is collected, used or disclosed in connection with the operation of a federal work, undertaking or business - that is collected, used or disclosed by the organization within a province, that is not collected, used or disclosed by the organization outside the province and in respect of which the legislature of the province has the power to regulate the collection, use or disclosure.
Expiry date	(2) Subsection (1) ceases to have effect three years after the day on which this section comes into force.
	PART 2
	ELECTRONIC DOCUMENTS
	Interpretation
Definitions	31. (1) The definitions in this subsection apply in this Part.
``data'' « données »	``data'' means representations of information or concepts, in any form.
``electronic document'' « document électroni- que »	``electronic document'' means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.
``electronic signature'' « signature électroni- que »	``electronic signature'' means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document.
``federal law'' « texte législatif »	``federal law'' means an Act of Parliament or an instrument, regardless of its name, issued, made or established under an Act of Parliament or a prerogative of the Crown .
``responsi- ble authority'' « autorité responsa- ble »	``responsible authority'', in respect of a provision of a federal law, means
	(a) if the federal law is an Act of Parliament, the minister responsible for that provision;
	(b) if the federal law is an instrument issued, made or established under an Act of Parliament or a prerogative of the Crown , the person or body who issued, made or established the instrument; or
	(c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2).
``secure electronic signature'' « signature électronique sécurisée »	``secure electronic signature'' means an electronic signature that results from the application of a technology or process prescribed by regulations made under subsection 48(1).
Designation	(2) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any member of the Queen's Privy Council for Canada, or body to be the responsible authority in respect of a provision of a federal law if the Governor in Council is of the opinion that it is appropriate to do so in the circumstances.
	Purpose
Purpose	32. The purpose of this Part is to provide for the use of electronic alternatives in the manner provided for in this Part where federal laws contemplate the use of paper to record or communicate information or transactions.
	Electronic Alternatives
Collection, storage, etc.	33. A minister of the Crown and any department, branch, office, board, agency, commission, corporation or body for the administration of affairs of which a minister of the Crown is accountable to the Parliament of Canada may use electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information whenever a federal law does not specify the manner of doing so.
Electronic payment	34. A payment that is required to be made to the Government of Canada may be made in electronic form in any manner specified by the Receiver General.
Electronic version of statutory form	35. (1) If a provision of an Act of Parliament establishes a form, the responsible authority in respect of that provision may make regulations respecting an electronic form that is substantially the same as the form established in the provision, and the electronic form may be used for the same purposes as the form established in the provision.
Statutory manner of filing documents	(2) If a non-electronic manner of filing a document is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the filing of an electronic version of the document, and an electronic version of the document filed in accordance with those regulations is to be considered as a document filed in accordance with the provision.
Statutory manner of submitting information	(3) If a non-electronic manner of submitting information is set out in a provision of an Act of Parliament, the responsible authority in respect of that provision may make regulations respecting the manner of submitting the information using electronic means, and information submitted in accordance with those regulations is to be considered as information submitted in accordance with the provision.
Authority to prescribe form, etc.	(4) The authority under a federal law to issue, prescribe or in any other manner establish a form, or to establish the manner of filing a document or submitting information, includes the authority to issue, prescribe or establish an electronic form, or to establish an electronic manner of filing the document or submitting information, as the case may be.
Meaning of ``filing''	(5) In this section, ``filing'' includes all manner of submitting, regardless of how it is designated.
Documents as evidence or proof	36. A provision of a federal law that provides that a certificate or other document signed by a minister or public officer is proof of any matter or thing, or is admissible in evidence, is, subject to the federal law, satisfied by an electronic version of the certificate or other document if the electronic version is signed by the minister or public officer with that person's secure electronic signature.
Retention of documents	37. A requirement under a provision of a federal law to retain a document for a specified period is satisfied, with respect to an electronic document, by the retention of the electronic document if
	(a) the electronic document is retained for the specified period in the format in which it was made, sent or received, or in a format that does not change the information contained in the electronic document that was originally made, sent or received;
	(b) the information in the electronic document will be readable or perceivable by any person who is entitled to have access to the electronic document or who is authorized to require the production of the electronic document; and
	(c) if the electronic document was sent or received, any information that identifies the origin and destination of the electronic document and the date and time when it was sent or received is also retained.
Notarial act	38. A reference in a provision of a federal law to a document recognized as a notarial act in the province of Quebec is deemed to include an electronic version of the document if
	(a) the electronic version of the document is recognized as a notarial act under the laws of the province of Quebec; and
	(b) the federal law or the provision is listed in Schedule 2 or 3.
Seals	39. A requirement under a provision of a federal law for a person's seal is satisfied by a secure electronic signature that identifies the secure electronic signature as the person's seal if the federal law or the provision is listed in Schedule 2 or 3.
Require- ments to provide documents or information	40. A provision of a federal law requiring a person to provide another person with a document or information, other than a provision referred to in any of sections 41 to 47, is satisfied by the provision of the document or information in electronic form if
	(a) the federal law or the provision is listed in Schedule 2 or 3;
	(b) both persons have agreed to the document or information being provided in electronic form; and
	(c) the document or information in electronic form will be under the control of the person to whom it is provided and will be readable or perceivable so as to be usable for subsequent reference.
Writing requirements	41. A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if
	(a) the federal law or the provision is listed in Schedule 2 or 3; and
	(b) the regulations respecting the application of this section to the provision have been complied with.
Original documents	42. A requirement under a provision of a federal law for a document to be in its original form is satisfied by an electronic document if
	(a) the federal law or the provision is listed in Schedule 2 or 3;
	(b) the electronic document contains a secure electronic signature that was added when the electronic document was first generated in its final form and that can be used to verify that the electronic document has not been changed since that time; and
	(c) the regulations respecting the application of this section to the provision have been complied with.
Signatures	43. Subject to sections 44 to 46, a requirement under a provision of a federal law for a signature is satisfied by an electronic signature if
	(a) the federal law or the provision is listed in Schedule 2 or 3; and
	(b) the regulations respecting the application of this section to the provision have been complied with.
Statements made under oath	44. A statement required to be made under oath or solemn affirmation under a provision of a federal law may be made in electronic form if
	(a) the person who makes the statement signs it with that person's secure electronic signature;
	(b) the person before whom the statement was made, and who is authorized to take statements under oath or solemn affirmation, signs it with that person's secure electronic signature;
	(c) the federal law or the provision is listed in Schedule 2 or 3; and

Bill C-54

DIVISION 5

TRANSITIONAL PROVISIONS

PART 2

ELECTRONIC DOCUMENTS

Interpretation

Purpose

Electronic Alternatives