Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (SOR/2002-184)

PART 8Disclosure, Collection and Use of Personal Information

Marginal note:Definition of Commissioner

158 In this Part, Commissioner means the Privacy Commissioner appointed under section 53 of the Privacy Act.

Marginal note:Code of practice

159 For the purposes of section 11.01 of the Act, a person or entity referred to in that section shall

• (a) establish and implement a code of practice for the disclosure, collection and use of personal information that has been approved by the Commissioner under section 163; and

• (b) ensure that the disclosure, collection and use of personal information is carried out in accordance with the approved code of practice.

Marginal note:Requirements

160 A code of practice shall meet the following requirements:

• (a) it identifies the persons or entities referred to in section 5 of the Act that are subject to the code;

• (b) it describes the personal information of an individual that may be disclosed, collected or used without their knowledge or consent;

• (c) it describes the purposes for which an individual’s personal information may be disclosed, collected or used without their knowledge or consent;

• (d) it describes the manner in which an individual’s personal information may be disclosed, collected or used without their knowledge or consent;

• (e) it describes the measures to be taken to ensure the protection of personal information, including measures concerning the retention of such information and the keeping of records; and

• (f) it includes information demonstrating that the code complies with the requirements of the Act and provides for substantially the same or greater protection of personal information as that provided under the Personal Information Protection and Electronic Documents Act.

Marginal note:Application for approval

• 161 (1) Any person or entity referred to in section 5 of the Act, or any person or entity acting on behalf of persons or entities referred to in that section, may apply to the Commissioner for approval of a code of practice.

• Marginal note:Acknowledgement

  (2) If the application for approval is made by or on behalf of two or more persons or entities, it shall include an acknowledgement that each of those persons or entities has approved the code and has consented to its submission to the Commissioner.

• Marginal note:Additional information

  (3) If the information provided by the applicant is insufficient to permit the Commissioner to decide whether the code of practice meets the requirements set out in section 160, the Commissioner may request from the applicant any additional information necessary to make that decision and may suspend the processing of the application until that information is provided.

• Marginal note:Code provided to Centre

  (4) The applicant shall, no later than the day on which the application for approval is made, notify the Centre of the application and provide it with a copy of the code of practice.

• Marginal note:Comments from Centre

  (5) The Centre may provide comments on the code of practice to the applicant or the Commissioner, or to both.

• Marginal note:Time limit for comments

  (6) The Commissioner shall consider the comments provided by the Centre in making a decision with respect to the code of practice, unless the comments are provided more than 60 days after the day on which the application for approval is made.

Marginal note:Time limit for decision

• 162 (1) The Commissioner shall notify the applicant of their decision no later than 120 days after the day on which an application for approval of a code of practice is made under section 161 and, if the application is refused, shall provide their reasons in writing.

• Marginal note:Extension of time limit

  (2) The Commissioner may extend the period referred to in subsection (1) by no more than 15 days and, in that case, the Commissioner shall notify the applicant of the extension.

• Marginal note:Excluded period

  (3) The calculation of the periods referred to in subsections (1) and (2) shall exclude any period during which the processing of the application is suspended by the Commissioner under subsection 161(3).

Marginal note:Approval

• 163 (1) The Commissioner shall approve the code of practice if the Commissioner is satisfied that it meets the requirements set out in section 160.

• Marginal note:Deemed approval

  (2) If the Commissioner does not notify the applicant of their decision before the end of the period referred to in subsection 162(1) or, in the case of an extension, the extended period referred to in subsection 162(2), the code of practice is deemed to be approved as of the end of that period.

Marginal note:Notice to Centre

164 The Commissioner shall notify the Centre of any decision to approve a code of practice or refuse an application for approval and of any deemed approval of a code.

Marginal note:Revision to code

• 165 (1) A person or entity referred to in section 5 of the Act that makes any revision to an approved code of practice shall, as soon as feasible, notify the Commissioner and the Centre of the revision and provide them with a copy of the revised code of practice.

• Marginal note:Revision considered significant

  (2) The Commissioner may, no later than 30 days after receiving notice of a revision to a code of practice, notify the person or entity that the Commissioner considers the revision to be significant and direct the person or entity to apply for approval of the revised code under section 161.

• Marginal note:No revision notice

  (3) If the Commissioner has reasonable grounds to believe that a person or entity has revised an approved code of practice but has failed to notify the Commissioner, the Commissioner may direct the person or entity to apply for approval of the revised code under section 161.

• Marginal note:Suspension

  (4) If a person or entity fails to comply with the Commissioner’s direction, the Commissioner may suspend the approval previously given under section 163 with respect to the code of practice.

Marginal note:Code of practice in effect

166 A person or entity that has revised an approved code of practice shall continue to follow the code as it read when it was previously approved by the Commissioner until

• (a) the Commissioner notifies the person or entity that the revised code meets the requirements set out in section 160, if the person or entity has been directed by the Commissioner to apply for approval of the revised code; or

• (b) the 30-day period referred to in subsection 165(2) ends, if the Commissioner has not notified the person or entity that the revision is considered to be significant.

Marginal note:Renewal of approval every five years

167 A person or entity referred to in section 5 of the Act with respect to whom a code of practice has been approved shall, every five years after the day of the most recent approval of the code, reapply for approval of the code under section 161.