Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-250 August 31, 2005

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

Order Amending the Order Binding Certain Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act

P.C. 2005-1488 August 31, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to paragraph 26(2)(a) of the Personal Information Protection and Electronic Documents Act (see footnote a), hereby makes the annexed Order Amending the Order Binding Certain Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act.

ORDER AMENDING THE ORDER BINDING CERTAIN AGENTS OF HER MAJESTY FOR THE PURPOSES OF PART 1 OF THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

AMENDMENT

1. Section 1 of the Order Binding Certain Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act (see footnote 1) is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (c).

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) establishes rules to govern the collection, use and disclosure of personal information by organizations in the course of commercial activity. It does not apply to government institutions that are subject to the federal Privacy Act. PIPEDA allows the Governor in Council, by Order, to bind any agent of Her Majesty in right of Canada to which the Privacy Act does not apply.

On January 1, 2001, an Order Binding Certain Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act came into force, thereby binding to PIPEDA the following agents of Her Majesty to which the Privacy Act did not apply:

(a) Atomic Energy of Canada Limited;

(b) the Canadian Broadcasting Corporation;

(c) the Enterprise Cape Breton Corporation.

On February 17, 2005, the President of the Treasury Board, Reg Alcock, tabled in the House of Commons a report on Crown corporation governance entitled Meeting the Expectations of Canadians — Review of the Framework for Canada's Crown Corporations. The report contains 31 measures designed to significantly strengthen the governance and accountability regime for Canada's Crown corporations. One of the measures calls for the Access to Information Act (and by implication, the Privacy Act) to be extended to a number of Crown corporations through an Order in Council.

The President of the Treasury Board has requested that the following ten Crown corporations be added to Schedule I of the Access to Information Act and to the Schedule of the Privacy Act: Canada Development Investment Corporation, Canadian Race Relations Foundation, Cape Breton Development Corporation, Cape Breton Growth Fund Corporation, Enterprise Cape Breton Corporation, Marine Atlantic Inc., Old Port of Montreal Corporation Inc., Parc Downsview Park Inc., Queens Quay West Land Corporation and Ridley Terminals Inc.

The purpose of this Order is thus to amend the Order Binding Certain Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act to rescind paragraph 1(c) of the Order which binds Enterprise Cape Breton Corporation (ECBC) to the PIPEDA so that it may be brought under the authority of the Access to Information Act and scheduled under the Privacy Act.

Alternatives

There are no alternatives. In order for Enterprise Cape Breton Corporation to be brought under the authority of the Access to Information Act and scheduled under the Privacy Act, the Order Binding Certain Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act must be amended to remove Enterprise Cape Breton Corporation from the authority of the PIPEDA.

Benefits and Costs

Given the nature of the Order, there are no impacts.

Consultation

Agents of Her Majesty such as Enterprise Cape Breton Corporation were informed of the Government of Canada's intention to extend the application of the Access to Information Act to Crown corporations and to schedule them under the Privacy Act by the Treasury Board Secretariat. The organization had further opportunity to be informed on the matter when the President of the Treasury Board, the Honourable Reg Alcock, tabled his Review of the Governance Framework for Canada's Crown Corporations, in the House of Commons on February 17, 2005.

Compliance and Enforcement

This amendment to remove Enterprise Cape Breton Corporation from the authority of the PIPEDA will be combined with orders that will extend the application of the Privacy Act and the Access to Information Act to the organization. Enterprise Cape Breton Corporation will continue to be subject to privacy obligations, in that the Privacy Act requires federal government departments and agencies to protect the personal information of individuals and imposes limits to the collection, use and disclosure of this information. Under this Act, individuals have the right to access and request correction of their personal information. As with the PIPEDA, oversight for the Privacy Act rests with the Privacy Commissioner of Canada who is authorized to receive and investigate complaints.

Footnote a

S.C. 2000, c. 5

Footnote 1

SOR/2001-8

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