Privacy Act

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Appendix C: Designation Order Instrument

Delegation of Financial Signing Authorities and Designation Order Instrument: Part A, Summary Chart

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.

Position
Privacy Act Section
Access to Information Act
Level 1
All Sections
All Sections
Level 6
All Sections
All Sections
Director, Corporate Secretariat
All Sections
All Sections
Manager, ATIP Secretariat
All Sections
All Sections
Chief, ATIP Secretariat
15
7(a), 8, 9, 11, 27

Section 9.01 — Section 73 of the Access to Information Act

The powers, duties and functions 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
10
Include personal information in personal information banks
14
Respond to request for access within 30 days; give access or give notice
15
Extend 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
20
Refuse to disclose information injurious to the conduct of federal-provincial affairs
21
Refuse to disclose information injurious to international affairs or defence
22
Refuse 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
24
Refuse 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
25
Refuse to disclose information which could threaten the safety of individuals
26
Refuse to disclose information about another individual, and shall refuse to disclose such information where disclosure is prohibited under Section 8
27
Refuse to disclose information subject to solicitor-client privilege
28
Refuse to disclose information relating to the individualís physical or mental health where disclosure is contrary to the best interests of the individual
31
Receive notice of investigation by the Privacy Commissioner
33(2)
Right to make representations to the Privacy Commissioner during an investigation
35(1)
Receive Privacy Commissionerís 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 Commissionerís report of findings of investigation of exempt bank
37(3)
Receive report of Privacy Commissionerís 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
77
Responsibilities conferred on the head of the institution by the regulations made under Section 77 which are not included above



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