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Privacy Act (R.S.C., 1985, c. P-21)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Review by the Federal Court (continued)

Marginal note:Actions relating to international affairs and defence

  •  (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 Chief Justice of the Federal Court or by any other judge of the Court that the Chief Justice may designate to hear the applications.

  • Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. P-21, s. 51
  • 2002, c. 8, s. 159

Marginal note:Costs

  •  (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.

  • Marginal note: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

Marginal note:Appointment

  •  (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

  • Marginal note:Tenure

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

  • Marginal note: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.

  • Marginal note:Interim appointment

    (4) In the event of the absence or incapacity of the Privacy Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

  • R.S., 1985, c. P-21, s. 53
  • 2006, c. 9, s. 118

Marginal note:Rank, powers and duties generally

  •  (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.

  • Marginal note: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, 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.

  • Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. P-21, s. 54
  • 2002, c. 8, s. 160
  • 2003, c. 22, s. 225(E)

Marginal note:Information Commissioner may be appointed as Privacy Commissioner

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

  • Marginal note: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

Marginal note:Appointment of Assistant Privacy Commissioner

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

  • Marginal note: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.

  • Marginal note: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(E)

Marginal note:Duties generally

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Staff of the Privacy Commissioner

  •  (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.

  • Marginal note: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.

  • R.S., 1985, c. P-21, s. 58
  • 2006, c. 9, s. 185(F)
 
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