Department of Human Resources and Skills Development Act (S.C. 2005, c. 34)

Marginal note:Use of information for research purposes

• 39. (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, section 105 of the Canada Pension Plan, 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

40. Despite any other Act or law, the Minister, the members of the Commission and public officers shall not be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under section 32 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 administration or enforcement of a program.

Marginal note:Agreements authorizing the obtaining of information

41. 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

• 42. (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 subsection 28.2(5) or (6), or a condition or agreement referred to

  • (a) in subsection 33(2) or any of sections 35, 36, 36.2 and 38 of this Act;

  • (b) in section 104.1 or 105 of the Canada Pension Plan; or

  • (c) in section 39 of the Old Age Security Act.

• 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.