Bill C-54
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
Limit
|
(4) Subsection (3) does not apply if the
individual needs the information because an
individual's life, health or security is
threatened.
|
|
Sensory
disability
|
10. An organization shall give access to
personal information in an alternative format
to an individual with a sensory disability who
has a right of access to personal information
under this Part and who requests that it be
transmitted in the alternative format if
|
|
|
|
|
|
|
|
|
DIVISION 2 |
|
|
REMEDIES |
|
|
Filing of Complaints
|
|
Contraven- tion
|
11. (1) An individual may file with the
Commissioner a written complaint against an
organization for contravening a provision of
Division 1 or for not following a
recommendation set out in Schedule 1.
|
|
Commissioner
may initiate
complaint
|
(2) If the Commissioner is satisfied that
there are reasonable grounds to investigate a
matter under this Part, the Commissioner may
initiate a complaint in respect of the matter.
|
|
Time limit
|
(3) A complaint that results from the refusal
to grant a request under section 8 must be filed
within six months, or any longer period that
the Commissioner allows, after the refusal or
after the expiry of the time limit for
responding to the request, as the case may be.
|
|
Notice
|
(4) The Commissioner shall give notice of
a complaint to the organization against which
the complaint was made.
|
|
|
Investigations of Complaints
|
|
Powers of
Commissioner
|
12. (1) The Commissioner shall conduct an
investigation in respect of a complaint and, for
that purpose, may
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Dispute
resolution
mechanisms
|
(2) The Commissioner may attempt to
resolve complaints by means of dispute
resolution mechanisms such as mediation and
conciliation.
|
|
Delegation
|
(3) The Commissioner may delegate any of
the powers set out in subsection (1) or (2).
|
|
Return of
records
|
(4) The Commissioner or the delegate shall
return to a person or an organization any
record or thing that they produced under this
section within ten days after they make a
request to the Commissioner or the delegate,
but nothing precludes the Commissioner or
the delegate from again requiring that the
record or thing be produced.
|
|
Certificate of
delegation
|
(5) Any person to whom powers set out in
subsection (1) are delegated shall be given a
certificate of the delegation and the delegate
shall produce the certificate, on request, to the
person in charge of any premises to be entered
under paragraph (1)(d).
|
|
|
Commissioner's Report
|
|
Contents
|
13. (1) The Commissioner shall prepare, in
relation to a complaint, a report that contains
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Where no
report
|
(2) The Commissioner is not required to
prepare a report if the Commissioner is
satisfied that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
If a report is not to be prepared, the
Commissioner shall inform the complainant
and give reasons.
|
|
Report to
parties
|
(3) The report shall be sent to the
complainant and the organization without
delay.
|
|
|
Hearing by Court
|
|
Application
|
14. (1) A complainant may, after receiving
the Commissioner's report, apply to the Court
for a hearing in respect of any matter in respect
of which the complaint was made, or that is
referred to in the Commissioner's report, and
that is referred to in clause 4.1.3, 4.2, 4.3.3,
4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3,
4.5 or 4.9 of that Schedule as modified or
clarified by Division 1, in subsection 8(6) or
(7) or in section 10.
|
|
Time of
application
|
(2) The application must be made within
forty-five days after the report is sent or within
any further time that the Court may, either
before or after the expiry of those forty-five
days, allow.
|
|
Commissioner
may apply or
appear
|
15. The Commissioner may
|
|
|
|
|
|
|
|
|
|
|
Remedies
|
16. (1) The Court may, in addition to any
other remedies it may give,
|
|
|
|
|
|
|
|
|
|
|
Limitation
|
(2) The Court may not award punitive
damages in an amount greater than $20,000.
|
|
Summary
hearings
|
17. An application made under section 14
shall be heard and determined without delay
and in a summary way unless the Court
considers it inappropriate to do so.
|
|
|
DIVISION 3 |
|
|
AUDITS |
|
To ensure
compliance
|
18. (1) The Commissioner may, on
reasonable notice and at any reasonable time,
audit the personal information management
practices of an organization if the
Commissioner has reasonable grounds to
believe that the organization is contravening
a provision of Division 1 or is not following a
recommendation set out in Schedule 1, and for
that purpose may
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Delegation
|
(2) The Commissioner may delegate any of
the powers set out in subsection (1).
|
|
Return of
records
|
(3) The Commissioner or the delegate shall
return to a person or an organization any
record or thing they produced under this
section within ten days after they make a
request to the Commissioner or the delegate,
but nothing precludes the Commissioner or
the delegate from again requiring that the
record or thing be produced.
|
|
Certificate of
delegation
|
(4) Any person to whom powers set out in
subsection (1) are delegated shall be given a
certificate of the delegation and the delegate
shall produce the certificate, on request, to the
person in charge of any premises to be entered
under paragraph (1)(d).
|
|
Report of
findings and
recommendati
ons
|
19. (1) After an audit, the Commissioner
shall provide the audited organization with a
report that contains the findings of the audit
and any recommendations that the
Commissioner considers appropriate.
|
|
Reports may
be included in
annual reports
|
(2) The report may be included in a report
made under section 26.
|
|
|
DIVISION 4 |
|
|
GENERAL |
|
Confiden- tiality
|
20. (1) Subject to subsections (2) to (5),
13(3) and 19(1), the Commissioner or any
person acting on behalf or under the direction
of the Commissioner shall not disclose any
information that comes to their knowledge as
a result of the performance or exercise of any
of the Commissioner's duties or powers under
this Part.
|
|
Public interest
|
(2) The Commissioner may make public
any information relating to the personal
information management practices of an
organization if the Commissioner considers
that it is in the public interest to do so.
|
|
Disclosure of
necessary
information
|
(3) The Commissioner may disclose, or
may authorize any person acting on behalf or
under the direction of the Commissioner to
disclose, information that in the
Commissioner's opinion is necessary to
|
|
|
|
|
|
|
|
Disclosure in
the course of
proceedings
|
(4) The Commissioner may disclose, or
may authorize any person acting on behalf or
under the direction of the Commissioner to
disclose, information in the course of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Disclosure of
offence
authorized
|
(5) The Commissioner may disclose to the
Attorney General of Canada or of a province,
as the case may be, information relating to the
commission of an offence against any law of
Canada or a province on the part of an officer
or employee of an organization if, in the
Commissioner's opinion, there is evidence of
an offence.
|
|
Not
competent
witness
|
21. The Commissioner or person acting on
behalf or under the direction of the
Commissioner is not a competent witness in
respect of any matter that comes to their
knowledge as a result of the performance or
exercise of any of the Commissioner's duties
or powers under this Part in any proceeding
other than
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Protection of
Commissioner
|
22. (1) No criminal or civil proceedings lie
against the Commissioner, or against any
person acting on behalf or under the direction
of the Commissioner, for anything done,
reported or said in good faith as a result of the
performance or exercise or purported
performance or exercise of any duty or power
of the Commissioner under this Part.
|
|
Libel or
slander
|
(2) For the purposes of any law relating to
libel or slander,
|
|
|
|
|
|
|
|
Consulta- tions with provinces
|
23. (1) If the Commissioner considers it
appropriate to do so, or on the request of an
interested person, the Commissioner may, in
order to ensure that personal information is
protected in as consistent a manner as
possible, consult with any person who, under
provincial legislation that is substantially
similar to this Part, has powers and duties
similar to those of the Commissioner.
|
|
Agreements
|
(2) The Commissioner may enter into
agreements with any person with whom the
Commissioner may consult under subsection
(1)
|
|
|
|
|
|
|
|
|
|
|
Promoting the
purposes of
the Part
|
24. The Commissioner shall
|
|
|
|
|