Marginal note:Public interest

• 31. (1) Despite sections 26 to 30, information may be made available if the Minister is of the opinion that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that disclosure would clearly benefit the individual to whom the information relates.

• Marginal note:Notice of disclosure

  (2) The Minister shall notify the Privacy Commissioner appointed under section 53 of the Privacy Act in writing of any disclosure of information under subsection (1) prior to the disclosure where reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she deems it appropriate, notify the individual to whom the information relates of the disclosure.

Marginal note:Research or statistical purposes

32. Information may be made available for research or statistical purposes to any person or body, including a person or body referred to in subsection 29(2) or (3) or section 30, if

• (a) the Minister is of the opinion that the research or statistical purposes are consistent with the principles set out in paragraphs 33(1)(a) to (e);

• (b) the Minister is of the opinion that the purpose for which the information is made available cannot reasonably be accomplished unless the information is provided in a form that may identify the individual to whom it relates; and

• (c) the information is made available subject to conditions set out in an agreement between the Minister and the person or body, and the person or body undertakes in the agreement not to subsequently disclose the information in a form that could reasonably be expected to identify the individual to whom it relates.

Marginal note:Use of information for research purposes

• 33. (1) The use of information by the Minister and by public officers of the Department for policy analysis, research or evaluation purposes shall be guided by the following principles:

  • (a) the object of the policy analysis, research or evaluation is consistent with the powers, duties and functions of the Minister;

  • (b) the use of the information is consistent with any agreement under which the information was obtained;

  • (c) the results of the policy analysis, research or evaluation will be made available only in accordance with the provisions of this Part and any agreements under which the information was obtained;

  • (d) the policy analysis, research or evaluation would be difficult or impossible if the information were not used; and

  • (e) the policy analysis, research or evaluation is in the public interest.

• Marginal note:Use

  (2) Unless authorized by the Minister, a public officer shall not use information for the purpose of policy analysis, research or evaluation if the information would allow an individual to be identified.

• Marginal note:Restriction

  (3) Information that is used for policy analysis, research or evaluation purposes shall not be used for any administrative purpose as defined in section 3 of the Privacy Act.

Marginal note:Evidence and production of documents

34. Despite any other Act or law, the Minister and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under section 26 or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so or the legal proceeding directly concerns the enforcement or application of a program.

Marginal note:Agreements authorizing the obtaining of information

35. The Minister may enter into agreements to obtain information for the administration or enforcement of a program with federal institutions, governments of provinces or public bodies created under provincial law, governments of foreign states, international organizations of states or international organizations established by the governments of states, any institution of any such government or organization, and other persons or bodies.

Marginal note:Offence

• 36. (1) Every person or body commits an offence if they knowingly make available information that is privileged under this Part, or knowingly use or allow such information to be used, otherwise than in accordance with this Part or a condition or agreement referred to in subsection 27(2) or section 29, 30 or 32.

• Marginal note:Punishment — individuals

  (2) An individual who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Punishment — others

  (3) A body or a person, other than an individual, who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.

Marginal note:Regulations

37. The Governor in Council may, by regulation, prescribe

• (a) individuals or classes of individuals for the purpose of the definition “public officer” in section 24; and

• (b) federal institutions to which the information referred to in subsection 29(2) may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available.

PART 3TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENT, REPEAL AND COMING INTO FORCE

Transitional Provisions

Marginal note:Minister and Deputy Minister

• 38. (1) Any person who holds, immediately before the day on which this section comes into force, the office styled Minister of Social Development or Deputy Minister of Social Development is deemed to have been appointed under this Act as Minister of Social Development or Deputy Minister of Social Development, respectively, on that day.

• Marginal note:Employees

  (2) Nothing in this Act shall be construed as affecting the status of an employee who occupied, immediately before the day on which this section comes into force, a position in the Department of Human Resources Development, except that the employee on that day shall occupy that position in the Department of Social Development.

Marginal note:National Council of Welfare

39. A person who holds office as a member of the National Council of Welfare immediately before the day on which this section comes into force shall continue in office for the remainder of the term for which they were appointed.

Marginal note:Transfer of powers, duties and functions

40. Any power, duty or function that, immediately before the day on which this section comes into force, was vested in or exercisable by the Minister of Human Resources Development, the Deputy Minister or an employee of the Department of Human Resources Development, the Minister to be styled Minister of Social Development or the Deputy Minister to be styled Deputy Minister of Social Development, under any Act, order, rule or regulation, or any contract, lease, licence or other document, is, on that day, vested in and exercisable by the Minister of Social Development, Deputy Minister or employee of the Department of Social Development, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power or perform that duty or function.

Marginal note:Transfer of appropriations

41. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of Human Resources Development (Social Development) and that, on the day on which this section comes into force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Department of Social Development.

Consequential and Related Amendments

R.S., c. A-1Access to Information Act

42. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:

43. Schedule II to the Act is amended by replacing the reference to “section 104” opposite the reference to the Canada Pension Plan with a reference to “subsection 104.01(1)”.

44. Schedule II to the Act is amended by replacing the reference to “section 33” opposite the reference to the Old Age Security Act with a reference to “subsection 33.01(1)”.

R.S., c. C-8Canada Pension Plan

Marginal note:1997, c. 40, s. 88

45. Subsection 104(3) of the Canada Pension Plan is replaced by the following:

Marginal note:1997, c. 40, s. 88

46. Subsections 104.01(1) to (3) of the Act are replaced by the following:

Marginal note:1997, c. 40, s. 88

47. Section 104.02 of the Act is replaced by the following:

Marginal note:1997, c. 40, s. 88

• 48. (1) Subsection 104.03(1) of the Act is replaced by the following:

  Marginal note:Availability of information within federal institutions

  • 104.03 (1) Information may be made available to other ministers or public officers for the purpose of the administration of this Act.

• (2) Section 104.03 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Other federal institutions

    (2.1) Information may also be made available to a minister or a public officer of a prescribed federal institution for the administration of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to the conditions set out in an agreement between the Minister and the federal institution.

Marginal note:1997, c. 40, s. 88

49. Subsection 104.05(1) of the French version of the Act is replaced by the following:

Marginal note:1997, c. 40, s. 88

50. Subsection 104.06(3) of the Act is repealed.

Marginal note:1997, c. 40, s. 88

51. Sections 104.08 and 104.09 of the Act are replaced by the following:

52. The Act is amended by adding the following after section 104.1:

R.S., c. 4 (2nd Supp.)Family Orders and Agreements Enforcement Assistance Act

Marginal note:1996, c. 11, paras. 95(f) and 97(1)(d)

53. Section 6 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following: