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Electronic
Commerce
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DIVISION 2index |
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REMEDIES |
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Filing of Complaints | |
Contravention
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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.
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Commissioner
may initiate complaint
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(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.
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Time
limit
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(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.
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Notice
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(4)
The Commissioner shall give notice of a complaint to the
organization against which the complaint was made.
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Investigations
of Complaints
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Powers
of Commissioner
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12. (1) The Commissioner shall conduct an investigation in respect of a complaint and, for that purpose, may |
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Dispute
resolution mechanisms
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(2)
The Commissioner may attempt to resolve complaints by means of
dispute resolution mechanisms such as mediation and conciliation.
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Delegation
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(3)
The Commissioner may delegate any of the powers set out in
subsection (1) or (2).
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Return
of records
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(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.
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Certificate
of delegation
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(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).
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Commissioner's
Report
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Contents
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13. (1) The Commissioner shall, within one year after the day on which a complaint is filed or is initiated by the Commissioner, prepare a report that contains |
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Where
no report
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(2) The Commissioner is not required to prepare a report if the Commissioner is satisfied that |
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If
a report is not to be prepared, the Commissioner shall inform the
complainant and the organization and give reasons.
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Report
to parties
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(3)
The report shall be sent to the complainant and the organization
without delay.
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Hearing
by Court
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Application
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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 5(3) or 8(6) or (7) or in section 10.
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Time
of application
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(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.
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For
greater certainty
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(3)
For greater certainty, subsections (1) and (2) apply in the same
manner to complaints referred to in subsection 11(2) as to
complaints referred to in subsection 11(1).
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Commissioner
may apply or appear
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15. The Commissioner may, in respect of a complaint that the Commissioner did not initiate, |
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Remedies
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16.
The Court may, in addition to any other remedies it may give,
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Summary
hearings
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17.
(1) An application made under section 14 or 15 shall be
heard and determined without delay and in a summary way unless the
Court considers it inappropriate to do so.
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Precautions
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(2) In any proceedings arising from an application made under section 14 or 15, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or other material that the organization would be authorized to refuse to disclose if it were requested under clause 4.9 of Schedule 1. |
DIVISION
3index |
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To
ensure compliance
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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
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Delegation
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(2)
The Commissioner may delegate any of the powers set out in
subsection (1).
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Return
of records
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(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.
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Certificate
of delegation
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(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).
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Report
of findings and recommendations
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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.
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Reports may be included in annual reports | (2)
The report may be included in a report made under section 25.
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DIVISION 4index |
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GENERAL |
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Confidentiality
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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.
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Public
interest
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(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.
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Disclosure
of necessary information
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(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 |
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Disclosure
in the course of proceedings
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(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 |
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Disclosure
of offence authorized
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(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.
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Not
competent witness
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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 |
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Protection
of Commissioner
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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.
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Libel
or slander
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(2) For the purposes of any law relating to libel or slander, |
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Consultations
with provinces
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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.
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Agreements
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(2) The Commissioner may enter into agreements with any person with whom the Commissioner may consult under subsection (1) |
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Promoting the purposes of the Part | 24. The Commissioner shall |
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Annual
report
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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.
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Consultation
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(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.
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Regulations
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26. (1) The Governor in Council may make regulations |
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Orders
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(2)
The Governor in Council may, by order,
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Whistleblowing
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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.
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Confidentiality
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(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.
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Prohibition
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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 |
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Saving
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(2)
Nothing in this section impairs any right of an employee either at
law or under an employment contract or collective agreement.
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Definitions
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(3)
In this section, ``employee'' includes an independent contractor
and ``employer'' has a corresponding meaning.
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Offence
and punishment
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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 |
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Review
of Part by parliamentary committee
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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.
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Review
and report
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(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.
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DIVISION 5index |
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TRANSITIONAL PROVISIONS |
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Application
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30.
(1) This Part does not apply to any organization in respect
of personal information that it collects, uses or discloses within
a province whose legislature has the power to regulate the
collection, use or disclosure of the information, unless the
organization does it in connection with the operation of a federal
work, undertaking or business or the organization discloses the
information outside the province for consideration.
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Expiry
date
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(2)
Subsection (1) ceases to have effect three years after the day on
which this section comes into force.
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Continuation: Part 2 - Electronic Documents |
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