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Privacy Act (Canada)
The ''Privacy Act'' (french: Loi sur la protection des renseignements personnels) 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 inf ...
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Office Of The Privacy Commissioner Of Canada
The privacy commissioner of Canada (french: Commissaire à la protection de la vie privée du 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 bee ...
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Privacy Commissioner Of Canada
The privacy commissioner of Canada (french: Commissaire à la protection de la vie privée du 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 ...
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Parliament Of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister, while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district, commonly referred to as a ''riding'', and are elected by Canadian voters residing in the riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament, ...
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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 b ...
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Unemployment Benefit
Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a compulsory governmental insurance system, not taxes on individual citizens. Depending on the jurisdiction and the status of the person, those sums may be small, covering only basic needs, or may compensate the lost time proportionally to the previous earned salary. Unemployment benefits are generally given only to those registering as becoming unemployed through no fault of their own, and often on conditions ensuring that they seek work. In British English unemployment benefits are also colloquially referred to as "the dole"; receiving benefits is informally called "being on the dole". "Dole" here is an archaic expression meaning "one's allotted portion", from the synonymous Old English word ''dāl''. History The first modern unemployment be ...
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Canada Customs
The Canada Border Services Agency (CBSA; french: Agence des services frontaliers du Canada, ''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, currently Marco Mendicino, who took office following the 2021 election, and is under the direction of the president of the Canada Border Services Agency, Erin O’Gorman. The Agency was created on December 12, 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 ...
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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 go ...
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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 States ...
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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 accepted 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 and other 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 trace an i ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, 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 Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, 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 applicatio ...
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Federal Court Of Appeal (Canada)
The Federal Court of Appeal (french: Cour d'appel fédérale) 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 succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ...
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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 federal government's 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 and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions. 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 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-Confederation negotiations, ...
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