AMENDMENTS NOT IN FORCE

• — 2010, c. 23, s. 82

  • 82. The Personal Information Protection and Electronic Documents Act is amended by adding the following after section 7:

    • Definitions

      • 7.1 (1) The following definitions apply in this section.

        “access”

        « utiliser »

        “access” means to program, to execute programs on, to communicate with, to store data in, to retrieve data from, or to otherwise make use of any resources, including data or programs on a computer system or a computer network.

        “computer program”

        « programme d’ordinateur »

        “computer program” has the same meaning as in subsection 342.1(2) of the Criminal Code.

        “computer system”

        « ordinateur »

        “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code.

        “electronic address”

        « adresse électronique »

        “electronic address” means an address used in connection with

        • (a) an electronic mail account;

        • (b) an instant messaging account; or

        • (c) any similar account.

      • Collection of electronic addresses, etc.

        (2) Paragraphs 7(1)(a), (c) and (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of

        • (a) the collection of an individual’s electronic address, if the address is collected by the use of a computer program that is designed or marketed primarily for use in generating or searching for, and collecting, electronic addresses; or

        • (b) the use of an individual’s electronic address, if the address is collected by the use of a computer program described in paragraph (a).

      • Accessing a computer system to collect personal information, etc.

        (3) Paragraphs 7(1)(a) to (d) and (2)(a) to (c.1) and the exception set out in clause 4.3 of Schedule 1 do not apply in respect of

        • (a) the collection of personal information, through any means of telecommunication, if the collection is made by accessing a computer system or causing a computer system to be accessed in contravention of an Act of Parliament; or

        • (b) the use of personal information that is collected in a manner described in paragraph (a).

• — 2010, c. 23, s. 83

  • 83. Section 12 of the Act is replaced by the following:

    • • 12. (1) [In force]

      • Exception

        (2) Despite subsection (1), the Commissioner is not required to conduct an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act.

      • (3) [In force]

      • (4) [In force]

    • 12.1 [In force]

    • • 12.2 (1) [In force]

      • Other reason

        (2) The Commissioner may discontinue an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act.

      • (3) [In force]

• — 2010, c. 23, s. 86(2)

  • • 86. (2) Section 20 of the Act is amended by adding the following after subsection (5):

      • Disclosure

        (6) The Commissioner may disclose information, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information, in the course of proceedings in which the Commissioner has intervened under paragraph 50(c) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or in accordance with subsection 58(3) or 60(1) of that Act.