Privacy Act (R.S.C., 1985, c. P-21)

AMENDMENTS NOT IN FORCE

• — 2002, c. 7, s. 227

  • 1994, c. 43, s. 91

    227 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

    • Yukon Surface Rights Board

      Office des droits de surface du Yukon

• — 2013, c. 25, s. 23, as amended by 2014, c. 1, s. 20(6), 2017, c. 32, s. 19(6) and 2022, c. 9, s. 6(6)

  • 23 Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (i), by adding “or’’ at the end of paragraph (j) and by adding the following after paragraph (j):

    • (k) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.

• — 2024, c. 15, s. 214

  • 214 The schedule to the Privacy Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:

    • Canada Water Agency

      Agence canadienne de l’eau

• — 2024, c. 16, s. 92

  • • 92 (1) Subsection 70.1(1) of the Privacy Act is replaced by the following:

      • Certificate under Canada Evidence Act

        • 70.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate.

    • (2) The portion of subsection 70.1(2) of the Act before paragraph (a) is replaced by the following:

      • Certificate following filing of complaint

        (2) Despite any other provision of this Act, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information,

    • (3) Subsections 70.1(3) and (4) of the Act are replaced by the following:

      • Information not to be disclosed

        (3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.

      • Limited power of delegation

        (4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.