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2012-2013 Annual Report to Parliament - Privacy Act

Specific Delegation Notes

Section 9.00 - Designation Order

The purpose of this Section is to establish the framework for managing the Access to Information Act and the Privacy Act. The Minister of Environment Canada pursuant to Section 73 of the Privacy Act and Section 73 of the Access to Information Act, hereby designates that persons holding the positions set out below to exercise the powers to perform the duties and functions of the Minister, as head of a government institution, under the sections of the Act specified opposite each position.

PositionPrivacy Act SectionAccess to Information Act Section
Level 1All sectionsAll sections
Level 6All sectionsAll sections
Director, Corporate SecretariatAll sectionsAll sections
Manager, ATIP SecretariatAll sectionsAll sections
Chief, ATIP Secretariat157(a), 8, 9, 11, 27

Section 9.01 – Section 73 of the Privacy Act

The responsibilities that may be delegated under Section 73 of the Privacy Act are set out below, in relation to its various sections and subsections.

8(2)(j)Disclose personal information for research purposes
8(2)(m)Disclose personal information in the public interest or in the interest of the individual
8(4)Retain copy of 8(2) (e) requests and disclosed records
8(5)Notify Privacy Commissioner of 8(2) (m) disclosures
9(1)Retain record of use
9(4)Notify Privacy Commissioner of consistent use and amend index
10Include personal information in personal information banks
14Respond to request for access within 30 days; give access or give notice
15Extend time limit
17(2)(b)Translate requested information
18(2)Refuse to disclose information contained in an exempt bank
19(1)Refuse to disclose information obtained in confidence from another government
19(2)Disclose information if the other government consents to the disclosure or makes the information public
20Refuse to disclose information injurious to the conduct of federal-provincial affairs
21Refuse to disclose information injurious to international affairs or defence
22Refuse to disclose information prepared by an investigative body, information injurious to the enforcement of a law, or information injurious to the security of penal institutions
24Refuse to disclose information collected by the Canadian Penitentiary Service, the National Parole Service or the National Parole Board while individual was under sentence if conditions in section are met
25Refuse to disclose information which could threaten the safety of individuals
26Refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under Section 8
27Refuse to disclose information subject to solicitor-client privilege
28Refuse to disclose information relating to the individual’s physical or mental health where disclosure is contrary to the best interests of the individual
31Receive notice of investigation by the Privacy Commissioner
33(2)Right to make representations to the Privacy Commissioner during an investigation
35(1)Receive Privacy Commissioner’s report on findings of the investigation and give notice of action taken
35(4)Give complainant access to information after 35(1) (b) notice
36(3)Receive Privacy Commissioner’s report of findings of investigation of exempt bank
37(3)Receive report of Privacy Commissioner’s findings after compliance investigation
51(2)(b)Request that Section 51 hearing be held in the National Capital Region
51(3)Request and be given right to make representations in Section 51 hearings
72(1)Prepare annual report to Parliament
77Responsibilities conferred on the head of the institution by the regulations made under Section 77 which are not included above
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