Vol. 135, No. 1 — January 3, 2001

Registration
SOR/2001-8 13 December, 2000

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

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

P.C. 2000-1778 13 December, 2000

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

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

APPLICATION

1. Part 1 of the Personal Information Protection and Electronic Documents Act is binding on the following agents of Her Majesty in right of Canada to which the Privacy Act does not apply:

(a) Atomic Energy of Canada Limited;

(b) the Canadian Broadcasting Corporation;

(c) the Enterprise Cape Breton Corporation.

COMING INTO FORCE

2. This Order comes into force on January 1, 2001.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

Part 1 of the Personal Information Protection and Electronic Documents Act applies to every organization that collects, uses and discloses personal information in the course of commercial activity. It does not apply to government institutions that are subject to the federal Privacy Act. The Act 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. Three such agencies have been identified — Atomic Energy of Canada Limited, the Canadian Broadcasting Corporation, and Enterprise Cape Breton Corporation. The purpose of this Regulation is to make Part 1 binding on these three organizations.

Alternatives

There are no alternatives to bring commercial crown corporations that are not subject to the Privacy Act under the Personal Information Protection and Electronic Documents Act.

Benefits and Costs

Benefits

The Regulation will ensure that all organizations engaged in commercial activity are subject to privacy legislation and that a level playing field exists for all.

The legislation and Regulations have been designed to be light and flexible for businesses to implement. Its principles are taken from the CSA International's Model Code for the Protection of Personal Information, developed and recognized by both businesses and consumers as a standard for privacy protection. Organizations will incur some implementation costs but the benefits from the growth of electronic commerce will more than compensate.

The Regulation will have no impact on Department resources.

Consultation

Industry Canada wrote to the three organizations in June 2000 to advise them of the intention to bind them to Part 1 of the Act and none raised any concerns.

Compliance and Enforcement

Individuals may make complaints about the practices of an organization to the Privacy Commissioner of Canada who will investigate the matter and deliver a report to the parties. The Commissioner may make recommendations to an organization concerning its practices and whether they are considered to comply with Part 1 of the Act but the Commissioner does not have the power to issue binding orders on the organization. The individual or the Privacy Commissioner, or both acting together, may take unresolved complaints to the Federal Court of Canada which has the power to order an organization to change a practice and to pay damages to the individual.

Contact

Mr. Richard Simpson
Director General
Electronic Commerce Branch
Industry Canada
300 Slater Street
Room D2090
Ottawa, Ontario
K1A 0C8
Tel.: (613) 990-4292
FAX: (613) 941-0178
E-mail: simpson.richard@ic.gc.ca

Footnote a

S.C. 2000, c. 5