Personal Information Protection and Electronic Documents Act (PIPEDA, S.C. 2000, c. 5)

Section 18 — To ensure compliance

To ensure compliance The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an…

Section 39 — Seals

Seals 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…

Section 17.1 — Compliance agreement

Compliance agreement If the Commissioner believes on reasonable grounds that an organization has committed, is about to commit or is likely to commit an act or…

Section 42 — Original documents

Original documents 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 the…

Section 4 — Application

Application This Part applies to every organization in respect of personal information that the organization collects, uses or discloses in the course of…

Section 60 to 71

Section 60 to 71 [Amendments]

Section 43 — Signatures

Signatures 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 the…

Section 391

Section 391 Subsection 14(1) of the Act is replaced by the following: A complainant may, after receiving the Commissioner’s report or being notified under…

Section 41 — Writing requirements

Writing requirements A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if the federal law…

Section 11 — Contravention

Contravention An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1 or 1.1 or for…

Section 47 — Copies

Copies A requirement under a provision of a federal law for one or more copies of a document to be submitted is satisfied by the submission of an electronic…

Section 7 — Collection without knowledge or consent

Collection without knowledge or consent For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may…

Section 12.1 — Powers of Commissioner

Powers of Commissioner In the conduct of an investigation of a complaint, the Commissioner may summon and enforce the appearance of persons before the…

Section 12 — Examination of complaint by Commissioner

Examination of complaint by Commissioner The Commissioner shall conduct an investigation in respect of a complaint, unless the Commissioner is of the opinion…

Section 25 — Annual report

Annual report The Commissioner shall, within three months after the end of each financial year, submit to Parliament a report concerning the application of…

Section 16 — Remedies

Remedies The Court may, in addition to any other remedies it may give, order an organization to correct its practices in order to comply with Divisions 1 and…

Section 40 — Requirements to provide documents or information

Requirements to provide documents or information A provision of a federal law requiring a person to provide another person with a document or information…

Section 32 — Purpose

Purpose 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…

Section 14 — Application

Application A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has…

Section 27.1 — Prohibition

Prohibition No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment…

Section 10 — Sensory disability

Sensory disability An organization shall give access to personal information in an alternative format to an individual with a sensory disability who has a…

Section 397

Section 397 Paragraphs 27.1(1)(a) to (c) of the Act are replaced by the following: the employee, acting in good faith and on the basis of reasonable belief…

Section 13 — Contents

Contents 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…

Section 4.01 — Business contact information

Business contact information This Part does not apply to an organization in respect of the business contact information of an individual that the organization…

Section 38 — Notarial act

Notarial act 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…

Section 7.4 — Use without consent

Use without consent Despite clause 4.5 of Schedule 1, an organization may use personal information for purposes other than those for which it was collected in…

Section 394

Section 394 The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following: The Commissioner may, on reasonable notice and at any…

Section 27 — Whistleblowing

Whistleblowing Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1 or 1.1 may…

Section 19 — Report of findings and recommendations

Report of findings and recommendations After an audit, the Commissioner shall provide the audited organization with a report that contains the findings of the…

Section 389

Section 389 The Personal Information Protection and Electronic Documents Act is amended by adding the following after section 10.3: Mobility of Personal…

Section 14 — Application

Application A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has…

Section 46 — Witnessed signatures

Witnessed signatures A requirement under a provision of a federal law for a signature to be witnessed is satisfied with respect to an electronic document if…

Section 393

Section 393 Subsection 17.1(1) of the Act is replaced by the following: If the Commissioner believes on reasonable grounds that an organization has committed…

Section 2 — Definitions

Definitions The definitions in this subsection apply in this Part. alternative format , with respect to personal information, means a format that allows a…

Section 33 — Collection, storage, etc.

Collection, storage, etc. A minister of the Crown and any department, branch, office, board, agency, commission, corporation or body for the administration of…

Section 5 — Compliance with obligations

Compliance with obligations Subject to sections 6 to 9, every organization shall comply with the obligations set out in Schedule 1. The word should , when used…

Section 7.1 — Definitions

Definitions The following definitions apply in this section. access means to program, to execute programs on, to communicate with, to store data in, to…

Section 36 — Documents as evidence or proof

Documents as evidence or proof A provision of a federal law that provides that a certificate or other document signed by a minister or public officer is proof…

Section 52 to 57

Section 52 to 57 [Amendments]

Section 9 — When access prohibited

When access prohibited Despite clause 4.9 of Schedule 1, an organization shall not give an individual access to personal information if doing so would likely…

Section 30 — Application

Application This Part does not apply to any organization in respect of personal information that it collects, uses or discloses within a province whose…

Section 392

Section 392 Paragraph 16(a) of the Act is replaced by the following: order an organization to correct its practices in order to comply with Divisions 1 to 1.2;

Section 23.1 — Disclosure of information to foreign state

Disclosure of information to foreign state Subject to subsection (3), the Commissioner may, in accordance with any procedure established under paragraph…

Section *29 — Review of Part by parliamentary committee

Review of Part by parliamentary committee The administration of this Part shall, every five years after this Part comes into force, be reviewed by the…

Section 35 — Electronic version of statutory form

Electronic version of statutory form If a provision of an Act of Parliament establishes a form, the responsible authority in respect of that provision may make…

Section 3 — Purpose

Purpose The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to…

Section 10.2 — Notification to organizations

Notification to organizations An organization that notifies an individual of a breach of security safeguards under subsection 10.1(3) shall notify any other…

Section 12.2 — Reasons

Reasons The Commissioner may discontinue the investigation of a complaint if the Commissioner is of the opinion that there is insufficient evidence to pursue…

Section 10.5 — Regulations

Regulations The Governor in Council may, after consulting with the Office of the Privacy Commissioner, make regulations respecting the disclosure of personal…

Section 10.3 — Records

Records An organization shall, in accordance with any prescribed requirements, keep and maintain a record of every breach of security safeguards involving…

Section 7.2 — Prospective business transaction

Prospective business transaction In addition to the circumstances set out in subsections 7 (2) and (3), for the purpose of clause 4.3 of Schedule 1, and…

Section 6.1 — Valid consent

Valid consent For the purposes of clause 4.3 of Schedule 1, the consent of an individual is only valid if it is reasonable to expect that an individual to whom…

Section 50 — Regulations

Regulations For the purposes of sections 41 to 47, the responsible authority in respect of a provision of a federal law may make regulations respecting the…

Section 21 — Not competent witness

Not competent witness The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any…

Section 20 — Confidentiality

Confidentiality Subject to subsections (2) to (7), 12 (3), 12.2 (3), 13 (3), 19 (1), 23 (3) and 23.1 (1) and section 25, the Commissioner or any person acting…

Section 395

Section 395 Paragraph 24(c) of the Act is replaced by the following: encourage organizations to develop detailed policies and practices, including…

Section 28 — Offence and punishment

Offence and punishment Every organization that knowingly contravenes subsection 8(8), section 10.1 or subsection 10.3(1) or 27.1(1) or that obstructs the…

Section 17 — Summary hearings

Summary hearings 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…

Section 44 — Statements made under oath

Statements made under oath A statement required to be made under oath or solemn affirmation under a provision of a federal law may be made in electronic form…

Section *72 — Coming into force

Coming into force Parts 1 to 5 or any provision of those Parts come into force on a day or days to be fixed by order of the Governor in Council made on the…

Section 58 and 59

Section 58 and 59 [Amendments]

Section 22 — Protection of Commissioner

Protection of Commissioner No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the…

Section 15 — Commissioner may apply or appear

Commissioner may apply or appear The Commissioner may, in respect of a complaint that the Commissioner did not initiate, apply to the Court, within the time…

Section 7.3 — Employment relationship

Employment relationship In addition to the circumstances set out in section 7, for the purpose of clause 4.3 of Schedule 1, and despite the note that…

Section 4.1 — Certificate under Canada Evidence Act

Certificate under Canada Evidence Act If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal…

Section 34 — Electronic payment

Electronic payment 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…

Section 10.6 — Distinguishing among classes

Distinguishing among classes Regulations made under section 10.5 may distinguish among different classes of activities, information or organizations.

Section 37 — Retention of documents

Retention of documents A requirement under a provision of a federal law to retain a document for a specified period is satisfied, with respect to an electronic…

Section 18 — To ensure compliance

To ensure compliance The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an…

Section 49 — Amendment of schedules

Amendment of schedules For the purposes of sections 38 to 47, the responsible authority in respect of a provision of a federal law may, by order, amend…

Section 45 — Statements declaring truth, etc.

Statements declaring truth, etc. A statement required to be made under a provision of a federal law declaring or certifying that any information given by a…

Section 17.2 — Agreement complied with

Agreement complied with If the Commissioner is of the opinion that a compliance agreement has been complied with, the Commissioner shall provide written notice…

Section 17.1 — Compliance agreement

Compliance agreement If the Commissioner believes on reasonable grounds that an organization has committed, is about to commit or is likely to commit an act or…

Section 1 — Short title

Short title This Act may be cited as the Personal Information Protection and Electronic Documents Act .

Section 31 — Definitions

Definitions The definitions in this subsection apply in this Part. data means representations of information or concepts, in any form. ( données ) electronic…

Section 10.4 — Data mobility framework

Data mobility framework Subject to the regulations, on the request of an individual, an organization shall, as soon as feasible, disclose the personal…

Section 23 — Consultations with provinces

Consultations with provinces If the Commissioner considers it appropriate to do so, or on the request of an interested person, the Commissioner may, in order…

Section 24 — Promoting the purposes of the Part

Promoting the purposes of the Part The Commissioner shall develop and conduct information programs to foster public understanding, and recognition of the…

Section 10.1 — Report to Commissioner

Report to Commissioner An organization shall report to the Commissioner any breach of security safeguards involving personal information under its control if…

Section 11 — Contravention

Contravention An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1, 1.1 or 1.2…

Section 396

Section 396 Subsection 27(1) of the Act is replaced by the following: Any person who has reasonable grounds to believe that a person has contravened or intends…

Section 26 — Regulations

Regulations The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations specifying, by name…

Section 6 — Effect of designation of individual

Effect of designation of individual The designation of an individual under clause 4.1 of Schedule 1 does not relieve the organization of the obligation to…

Section 48 — Regulations

Regulations Subject to subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, make regulations prescribing technologies or…

Section 51 — Effect of striking out listed provision

Effect of striking out listed provision The striking out of a reference to a federal law or provision in Schedule 2 or 3 does not affect the validity of…

Section 27 — Whistleblowing

Whistleblowing Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1, 1.1 or 1.2…

Section 390

Section 390 Subsection 11(1) of the Act is replaced by the following: An individual may file with the Commissioner a written complaint against an organization…

Section 8 — Written request

Written request A request under clause 4.9 of Schedule 1 must be made in writing. An organization shall assist any individual who informs the organization that…

Section 7.2 — Prospective business transaction

Prospective business transaction (1), without the knowledge or consent of the individual if the organizations have entered into an agreement that requires each…

Section 12.1 — Powers of Commissioner

Powers of Commissioner (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the…

Section 7 — Collection without knowledge or consent

Collection without knowledge or consent (3)(c.1)(i) or (d)(ii), or that is required by law. For the purpose of clause 4.3 of Schedule 1, and despite the note…

Section 8 — Written request

Written request 4.5 of Schedule 1, an organization that has personal information that is the subject of a request shall retain the information for as long as…

Section 23.1 — Disclosure of information to foreign state

Disclosure of information to foreign state (2)(a) or (b); restricts the use of the information to the purpose for which it was originally shared; and…

Section 31 — Definitions

Definitions (1). ( signature électronique sécurisée ) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any…

Section 10.1 — Report to Commissioner

Report to Commissioner creates a real risk of significant harm to the individual include the sensitivity of the personal information involved in the breach…

Section 23 — Consultations with provinces

Consultations with provinces (2)(d) shall restrict the use of the information to the purpose for which it was originally shared; and stipulate that the…

Section 20 — Confidentiality

Confidentiality (2). The Commissioner may, if the Commissioner considers that it is in the public interest to do so, make public any information that comes to…

Section 18 — To ensure compliance

To ensure compliance (1). The Commissioner or the delegate shall return to a person or an organization any record or thing they produced under this section…

Section 9 — When access prohibited

When access prohibited (3)(c.1)(i) or (ii); or give the individual access to the information referred to in subparagraph (a)(ii). An organization to which…

Section 4.1 — Certificate under Canada Evidence Act

Certificate under Canada Evidence Act officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that…

Section 2 — Definitions

Definitions fundraising lists. ( activité commerciale ) Commissioner means the Privacy Commissioner appointed under section 53 of the Privacy Act . (…

Section 20 — Confidentiality

Confidentiality information contained in a report made under subsection 10.1 (1) or in a record obtained under subsection 10.3 (2) if the Commissioner has…

Section 9 — When access prohibited

When access prohibited the organization has relating to a disclosure to a government institution or a part of a government institution under paragraph 7…

Section 2 — Definitions

Definitions (1)(k) of that Act. ( entreprises fédérales ) organization includes an association, a partnership, a person and a trade union. ( organisation )…

Section 7 — Collection without knowledge or consent

Collection without knowledge or consent (1)(a), (b), (b.01) or (e). For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that…

Section 9 — When access prohibited

When access prohibited (3) does not apply if the individual needs the information because an individual’s life, health or security is threatened. If an…

Section 7 — Collection without knowledge or consent

Collection without knowledge or consent (1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act ; made on the initiative of the…