Privacy Commissioner Act

2 (1) Subject to Section 8, the Governor in Council shall appoint a person to serve full-time as Privacy Commissioner.

(2) A person appointed as Privacy Commissioner holds that office during good behaviour for a term of not less than five years or more than seven years but shall be removed by the Governor in Council on the passing by the House of Assembly of a resolution carried by a vote of a majority of the members of the House of Assembly voting thereon requiring the Governor in Council to do so.

(4) Subject to Section 8, the Privacy Commissioner shall be paid out of the Consolidated Fund of the Province such salary as the Governor in Council determines.

(5) Subject to Section 8, such officers and employees as are necessary to enable the Privacy Commissioner to perform the duties of that office shall be appointed in accordance with the Civil Service Act.

(6) The Privacy Commissioner shall issue an annual report on the exercise of the functions of the Privacy Commissioner under this Act and shall submit the report to the House of Assembly through the Minister of Justice if the House is sitting or, if the House is not sitting, the Privacy Commissioner shall file the report with the Clerk of the House.

3 (1) The Privacy Commissioner is charged with the oversight of all matters relating to the privacy of persons in the Province and the collection and use of information relating to persons in the Province, other than matters to which the Freedom of Information and Protection of Privacy Act applies.

(2) The Privacy Commissioner may, in accordance with the regulations,

(a) investigate complaints of invasion of privacy or misuse of personal information;

(b) develop codes for the collection, retention, use and disclosure of information by businesses or organizations;

(d) engage in or commission research into matters affecting the carrying out of the purpose of this Act;

(e) conduct public education programs and provide information concerning this Act and the Privacy Commissioner's role and activities;

(f) perform any duties assigned to the Privacy Commissioner by the regulations or by order of the Governor in Council.

4 No person shall collect, retain, use or disclose any personal information or otherwise invade the privacy of another person in contravention of the regulations.

5 (1) Every person who maliciously collects, retains, uses or discloses personal information or otherwise invades the privacy of another person in contravention of the regulations is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or both.

(2) Every person who knowingly alters a record in order to mislead the Privacy Commissioner is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or both.

(3) In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.

(4) Where a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the violation of this Act or the regulations is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted.

(5) No person shall be convicted of an offence under this Act or the regulations if the person establishes that the person exercised all due diligence to prevent the commission of the offence.

6 (1) The Governor in Council may make regulations

(a) respecting the powers, duties and functions of the Privacy Commissioner;

(b) respecting the collection, retention, use and disclosure of personal information;

(d) respecting the investigation of complaints of invasion of privacy or misuse of personal information by the Privacy Commissioner;

(e) defining any word or expression used but not defined in this Act;

(f) respecting any matter that the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

(3) A regulation may apply to all persons or bodies or to a class of persons or bodies to whom this Act applies and there may be different regulations for different classes of such persons or bodies.

7 (1) A regulation under this Act may adopt or incorporate by reference, in whole or in part or with modifications, a written standard, rule, regulation, procedure, guideline, designation, code or document relating to any matter in respect of which a regulation may be made under this Act.

(2) A standard, rule, regulation, procedure, guideline, designation, code or document that is adopted or incorporated by reference under subsection (1) may be adopted or incorporated as it reads on a prescribed day or as it is amended from time to time.

(3) Where a standard, rule, regulation, procedure, guideline, designation, code or document is adopted or incorporated by reference under subsection (1), the Governor in Council shall ensure that a copy of the standard, rule, regulation, guideline, designation, code or document is made publicly available.

8 The moneys required for the purpose of this Act shall be paid out of moneys appropriated for that purpose by the Legislature.

BILL NO. 190

(as introduced)