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Privacy Act (Canada)
The ''Privacy Act'' () is the federal information-privacy legislation of Canada that came into effect on July 1, 1983. Administered by the Privacy Commissioner of Canada, the Act sets out rules for how institutions of the Government of Canada collect, use, disclose, retain, and dispose of personal information of individuals. The Act does not apply to political parties, political representatives (i.e., members of Parliament and senators), courts, and private sector organizations. All provinces and territories have their own laws governing their public sectors. Overview Some salient provisions of the legislation are as follows: * A government institution may not collect personal information unless it relates directly to an operating program or activity of the institution (section 4). * With some exceptions, when a government institution collects an individual's personal information from the individual, it must inform the individual of the purpose for which the informatio ...
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Office Of The Privacy Commissioner Of Canada
The privacy commissioner of Canada () is a non-partisan ombudsman and officer of the Parliament of Canada. The commissioner investigates complaints regarding violations of the federal ''Privacy Act'', which deals with personal information held by the Government of Canada or the ''Personal Information Protection and Electronic Documents Ac''t (PIPEDA), which deals with personal information held in federally regulated private sector industries. The commissioner reports to Parliament. Philippe Dufresne has served as the ninth and current privacy commissioner of Canada since he was appointed on June 27, 2022. The privacy commissioner has the authority to audit, publish information about personal information-handling practices in the public and private sector, conduct research into privacy issues and promote awareness and understanding of privacy issues from the public. Since 1983, the privacy commissioner has been a seven-year Governor in Council appointment made after consult ...
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Privacy Commissioner Of Canada
The privacy commissioner of Canada () is a non-partisan ombudsman and officer of the Parliament of Canada. The commissioner investigates complaints regarding violations of the federal ''Privacy Act'', which deals with personal information held by the Government of Canada or the ''Personal Information Protection and Electronic Documents Ac''t (PIPEDA), which deals with personal information held in federally regulated private sector industries. The commissioner reports to Parliament. Philippe Dufresne has served as the ninth and current privacy commissioner of Canada since he was appointed on June 27, 2022. The privacy commissioner has the authority to audit, publish information about personal information-handling practices in the public and private sector, conduct research into privacy issues and promote awareness and understanding of privacy issues from the public. Since 1983, the privacy commissioner has been a seven-year Governor in Council appointment made after consul ...
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Parliament Of Canada
The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameralism, bicameral legislature. The 343 members of the lower house, the House of Commons, are styled as Member of Parliament (Canada), ''Members of Parliament'' (MPs), and each elected to represent an Electoral district (Canada), electoral district (also known as a riding). The 105 members of the upper house, the Senate, are styled ''senators'' and appointed by the Governor General of Canada, governor general on the advice of the Prime Minister of Canada, prime minister. Collectively, MPs and senators are known as ''parliamentarians''. Bills may originate in either the House of Commons or the Senate, however, bills involving raising or spending funds must originate in the House of Commons. By Constitutional convention (political custom), cons ...
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Canadian Privacy Law
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the ''Canadian Charter of Rights and Freedoms''. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the ''Harvard Law Review'' in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article ' The Right to Privacy' of Samuel Warren and Louis Brandeis". Evolution of Canadian privacy statutes Canadian privacy law has evolved over time into what it is today. The first instance of a formal law came when, in 1977, the Canadian government introduced data protection provisions into the Canadian Human Rights Act. In 1982, the Canadian Charter of Rights and Freedoms outlined that everyone has "the right to life, liberty and security of the person" and "the right to be ...
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Unemployment Benefit
Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is the proportion of people above a specified age (usually 15) not being in paid employment or self-employment but currently available for Work (human activity), work during the reference period. Unemployment is measured by the unemployment rate, which is the number of people who are unemployed as a percentage of the labour force (the total number of people employed added to those unemployed). Unemployment can have many sources, such as the following: * the status of the economy, which can be influenced by a recession * competition caused by globalization and international trade * new technology, technologies and inventions * Policy, policies of the government * regulation and market (economics), market * war, civil disorder, and natural disasters Unemployment and the status of the economy can be influenced by a country through, for example, fiscal policy. Furthermore, the monetar ...
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Canada Customs
The Canada Border Services Agency (CBSA; , ''ASFC'') is a federal law enforcement agency that is responsible for border control (i.e. protection and surveillance), immigration enforcement, and customs services in Canada. The CBSA is responsible to Parliament through the minister of public safety and emergency preparedness. It is under the direction of Erin O’Gorman, who is the president of the agency. The CBSA was created on 12 December 2003 by an order-in-council that amalgamated the customs function of the now-defunct Canada Customs and Revenue Agency, the enforcement function of Citizenship and Immigration Canada (now known as Immigration, Refugees and Citizenship Canada), and the port-of-entry examination function of the Canadian Food Inspection Agency (CFIA). The CBSA's creation was formalized by the ''Canada Border Services Agency Act'', which received Royal assent on 3 November 2005. The CBSA oversees approximately 1,200 service locations across Canada and 35 in othe ...
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Quasi-constitutionality
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute. Primacy clauses in quasi-constitutional statutes The normal practice, under which the more recent statute has the effect of nullifying any contradictory rules laid out in all earlier statutes, is known as "implied repeal." Implied repeal is the traditional way of ensuring that two contradictory laws are never in effect at the same time. The practice of implied repeal also reinforces the concept of parliamentary sovereignty or supremacy---that is, it reinforces the idea that the parliament or legislature cannot be restricted by any external limit, including past actions of the legislature itself. A quasi-constitutional statute uses a "primacy clause" to achieve the apparently contradictory ...
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In Camera
''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process where the public and press are not allowed to observe the procedure or process.. ''In-camera'' is the opposite of trial in open court where all parties and witnesses testify in a public courtroom, and attorneys publicly present their arguments to the trier of fact. ''In camera'' hearings during trials Entire cases may be heard ''in-camera'' when, for example, matters of national security are involved. ''In-camera'' review by a judge may be used during otherwise open trials—for example, to protect trade secrets or where one party asserts privilege (such as attorney–client privileged communications). This lets the judge review documents in private to determine if revelation of documents in open court will be allowed. In United State ...
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Personal Information
Personal data, also known as personal information or personally identifiable information (PII), is any information related to an identifiable person. The abbreviation PII is widely used in the United States, but the phrase it abbreviates has four common variants based on ''personal'' or ''personally'', and ''identifiable'' or ''identifying''. Not all are equivalent, and for legal purposes the effective definitions vary depending on the jurisdiction and the purposes for which the term is being used. Under European Union and United Kingdom data protection regimes, which centre primarily on the General Data Protection Regulation (GDPR), the term "personal data" is significantly broader, and determines the scope of the regulatory regime. National Institute of Standards and Technology Special Publication 800-122 defines personally identifiable information as "any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or t ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ...
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Federal Court Of Appeal (Canada)
The Federal Court of Appeal () is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court (Canada), Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court (Canada), Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and ap ...
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Federal Court Of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the Parliament of Canada, federal government's Canadian federalism, legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court (Canada), Federal Court and the Federal Court of Appeal (Canada), Federal Court of Appeal. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street. History Pre-Confederation to Confederation Prior to Canadian Confederation, Confederation, the predominantly English-speaking Canada West (which succeeded Upper Canada) and the predominantly French-speaking Canada East (which succeeded Lower Canada) each had a separate system of courts. During pre-Confederatio ...
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