[37] Bill 93 Original (PDF)
Bill 93
Bill 932000
An Act to enhance
privacy enforcement and
accountability by amending
the Freedom of Information
and Protection of Privacy Act
and the Municipal Freedom of
Information and Protection
of Privacy Act with respect to
the Commissioner's powers
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Amendments to Freedom of Information
and Protection of Privacy Act
1.Subsection 50 (4) of the Freedom of Information and Protection of Privacy Act is repealed and the following substituted:
Ombudsman Act not to apply
(4)The Ombudsman Act does not apply,
(a)in respect of a complaint,
(i)for which an appeal is provided under this Act or the Municipal Freedom of Information and Protection of Privacy Act,
(ii)that the Commissioner deals with by means of a compliance investigation or compliance audit under section 51.1; or
(b)to the Commissioner or the Commissioner's delegate acting under this Act or the Municipal Freedom of Information and Protection of Privacy Act.
2.Section 51 of the Act is repealed and the following substituted:
Mediation re appeal
51. (1)The Commissioner may authorize a mediator to investigate the circumstances of any appeal and to try to effect a settlement of the matter under appeal.
Same, re complaint
(2)On receiving a complaint from an individual about an issue of compliance with this Act, the Commissioner may authorize a mediator to investigate the circumstances of the complaint and try to effect a settlement of the matter.
3.The Act is amended by adding the following section:
Compliance investigations, compliance audits
51.1 (1)The Commissioner has power to conduct compliance investigations and compliance audits with respect to issues of compliance with this Act.
Notice
(2)Before commencing a compliance investigation or a compliance audit, the Commissioner shall give the head of the institution concerned notice of,
(a)the intention to conduct the investigation or audit; and
(b)the subject matter of the investigation or audit.
4.(1)Subsection 52 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule K, section 9, is repealed and the following substituted:
Inquiry, appeal
(1)When there is an appeal under this Act, the Commissioner may conduct an inquiry to review the head's decision if,
(a)no mediator has been authorized to act under subsection 51 (1); or
(b)a mediator has been authorized to act under subsection 51 (1) but no settlement has been effected.
Inquiry, compliance investigation
(1.1)The Commissioner may conduct a compliance investigation by way of an inquiry,
(a)on receiving a complaint from an individual about an issue of compliance with this Act, if,
(i)no mediator has been authorized to act under subsection 51 (2), or
(ii)a mediator has been authorized to act under subsection 51 (2) but no settlement has been effected;
(b)on the request of the head of an institution concerning an issue of compliance with this Act that affects the institution; or
(c)on his or her own initiative, if it appears to the Commissioner that an institution may not be complying with this Act.
(2)Subsection 52 (2) of the Act is amended by striking out "under subsection (1)" and substituting "under subsection (1) or (1.1)".
(3)Subsection 52 (13) of the Act is amended by striking out "The person who requested access to the record" and substituting "The person who requested access to the record or the individual who made the complaint, as the case may be".
(4)Subsection 52 (14) of the Act is amended by striking out "The person who requested access to the record" and substituting "The person who requested access to the record or the individual who made the complaint, as the case may be".
5.Section 54 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule K, section 10, is repealed and the following substituted:
Order on inquiry
54. (1)After all the evidence for an inquiry under subsection 52 (1) or (1.1) has been received, the Commissioner shall make an order disposing of all the issues raised.
Same
(2)In the case of an inquiry under subsection 52 (1), if the Commissioner upholds a decision of a head that the head may refuse to disclose a record or a part of a record, the Commissioner shall not order the head to disclose the record or part.
Same
(3)In the case of an inquiry under subsection 52 (1.1), the Commissioner may make an order requiring,
(a)that a duty imposed by this Act be performed;
(b)that an institution cease collecting, using or disclosing personal information in contravention of this Act;
(c)that an institution destroy personal information collected, used or disclosed in contravention of this Act;
(d)that an institution change, cease following or refrain from commencing a specified information practice that contravenes this Act;
(e)that an institution implement a specified information practice that complies with this Act;
(f)that an institution, within a specified time, give the Commissioner,
(i)notice of any action taken or proposed to implement the Commissioner's recommendations, or
(ii)reasons why no such action has been taken or proposed.
Terms and conditions
(4) Subject to this Act, an order under this section may contain any terms and conditions the Commissioner considers appropriate.
Notice of order
(5) The Commissioner shall give written notice of the order,
(a)in the case of an order made under subsection (1), to the appellant and the persons who received notice of the appeal under subsection 50 (3);
(b)in the case of an order made under subsection (3), to the individual who made the complaint, the head of the institution concerned and any other affected person.
Enforcement
(6)A copy of an order made under this section, without the reasons, may be filed with the Superior Court of Justice, in which case it shall be entered in the same way as an order of that court and is enforceable as such.
Compliance audits
54.1 (1)The Commissioner has discretion to carry out compliance audits in respect of personal information and other records under the control of institutions, to ensure compliance with this Act.
Application of ss. 51.1 (2), 52
(2)Subsection 51.1 (2) and section 52 apply to compliance audits, with necessary modifications.
Report
(3)If the Commissioner, on completing a compliance audit, considers that an institution has not complied with this Act, the Commissioner shall provide the head of the institution with a report containing his or her findings and any recommendations that he or she considers appropriate.
Same
(4)In the report, the Commissioner may require the institution to give him or her, within a specified time,
(a)notice of any action taken or proposed to implement the Commissioner's recommendations; or
(b)reasons why no such action has been taken or proposed.
Amendments to
Municipal Freedom of Information
and Protection of Privacy Act
6.Section 40 of the Municipal Freedom of Information and Protection of Privacy Act is repealed and the following substituted:
Mediation re appeal
40. (1)The Commissioner may authorize a mediator to investigate the circumstances of any appeal and to try to effect a settlement of the matter under appeal.
Same, re complaint
(2)On receiving a complaint from an individual about an issue of compliance with this Act, the Commissioner may authorize a mediator to investigate the circumstances of the complaint and try to effect a settlement of the matter.
7.The Act is amended by adding the following section:
Compliance investigations, compliance audits
40.1 (1)The Commissioner has power to conduct compliance investigations and compliance audits with respect to issues of compliance with this Act.
Notice
(2)Before commencing a compliance investigation or a compliance audit, the Commissioner shall give the head of the institution concerned notice of,
(a)the intention to conduct the investigation or audit; and
(b)the subject matter of the investigation or audit.
8.(1)Subsection 41 (1) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule K, section 21, is repealed and the following substituted:
Inquiry, appeal
(1)When there is an appeal under this Act, the Commissioner may conduct an inquiry to review the head's decision if,
(a)no mediator has been authorized to act under subsection 40 (1); or
(b)a mediator has been authorized to act under subsection 40 (1) but no settlement has been effected.
Inquiry, compliance investigation
(1.1)The Commissioner may conduct a compliance investigation by way of an inquiry,
(a)on receiving a complaint from an individual about an issue of compliance with this Act, if,
(i)no mediator has been authorized to act under subsection 40 (2), or
(ii)a mediator has been authorized to act under subsection 40 (2) but no settlement has been effected;
(b)on the request of the head of an institution concerning an issue of compliance with this Act that affects the institution; or
(c)on his or her own initiative, if it appears to the Commissioner that an institution may not be complying with this Act.
(2)Subsection 41 (2) of the Act is amended by striking out "under subsection (1)" and substituting "under subsection (1) or (1.1)".
(3)Subsection 41 (13) of the Act is amended by striking out "The person who requested access to the record" and substituting "The person who requested access to the record or the individual who made the complaint, as the case may be".
(4)Subsection 41 (14) of the Act is amended by striking out "The person who requested access to the record" and substituting "The person who requested access to the record or the individual who made the complaint, as the case may be".
9.Section 43 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule K, section 22, is repealed and the following substituted:
Order on inquiry
43.(1)After all the evidence for an inquiry under subsection 41 (1) or (1.1) has been received, the Commissioner shall make an order disposing of all the issues raised.
Same
(2)In the case of an inquiry under subsection 41 (1), if the Commissioner upholds a decision of a head that the head may refuse to disclose a record or a part of a record, the Commissioner shall not order the head to disclose the record or part.
Same
(3)In the case of an inquiry under subsection 41 (1.1), the Commissioner may make an order requiring,
(a)that a duty imposed by this Act be performed;
(b)that an institution cease collecting, using or disclosing personal information in contravention of this Act;
(c)that an institution destroy personal information collected, used or disclosed in contravention of this Act;
(d)that an institution change, cease following or refrain from commencing a specified information practice that contravenes this Act;
(e)that an institution implement a specified information practice that complies with this Act;
(f)that an institution, within a specified time, give the Commissioner,
(i)notice of any action taken or proposed to implement the Commissioner's recommendations, or
(ii)reasons why no such action has been taken or proposed.
Terms and conditions
(4)Subject to this Act, an order under this section may contain any terms and conditions the Commissioner considers appropriate.
Notice of order
(5)The Commissioner shall give written notice of the order,
(a)in the case of an order made under subsection (1), to the appellant and the persons who received notice of the appeal under subsection 39 (3);
(b)in the case of an order made under subsection (3), to the individual who made the complaint, the head of the institution concerned and any other affected person.
Enforcement
(6)A copy of an order made under this section, without the reasons, may be filed with the Superior Court of Justice, in which case it shall be entered in the same way as an order of that court and is enforceable as such.
Compliance audits
43.1(1)The Commissioner has discretion to carry out compliance audits in respect of personal information and other records under the control of institutions, to ensure compliance with this Act.
Application of ss. 40.1 (2), 43
(2)Subsection 40.1 (2) and section 43 apply to compliance audits, with necessary modifications.
Report
(3)If the Commissioner, on completing a compliance audit, considers that an institution has not complied with this Act, the Commissioner shall provide the head of the institution with a report containing his or her findings and any recommendations that he or she considers appropriate.
Same
(4)In the report, the Commissioner may require the institution to give him or her, within a specified time,
(a)notice of any action taken or proposed to implement the Commissioner's recommendations; or
(b)reasons why no such action has been taken or proposed.
Commencement
10.This Act comes into force on the day it receives Royal Assent.
Short title
11.The short title of this Act is the Privacy Enforcement and Accountability Act (Information and Privacy Statute Law Amendment), 2000.
EXPLANATORY NOTE
The Bill amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, in accordance with the recommendations of the Information and Privacy Commissioner.