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D. Proposed Changes to Schedule I and II
In legislation before Parliament, it is proposed that the following institutions be added to Schedule I:
- Canada Fisheries Tribunal /Office des pêches du Canada [section 216 of Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries, received Second Reading on February 23, 2007]
- Registrar of the Breast Implant Registry / Directeur du Registre des implants mammaires [section 19 of Bill C-312, An Act to establish and maintain a national Breast Implant Registry, received First Reading on May 29, 2006]
The following changes are proposed for Schedule II:
- Amendment: Replace the reference to "subsections 4.79(1) and 6.5(5)" opposite the reference to the Aeronautics Act with a reference to "subsection 4.79(1), sections 5.392 and 5.393, subsections 5.394(2), 5.397(2), 6.5(5), 22(2) and 24.1(4) and section 24.7". [Government public Bill C-6, entitled An Act to amend the Aeronautics Act and to make consequential amendments to other Acts, referred to the Transport, Infrastructure, and Communities Committee on November 7, 2006]
The new sections proposed provide that, if a holder of a Canadian aviation document has a management system with a process that requires or encourages its employees to disclose to it any thing or circumstance that could present a risk to the safety of aeronautical activities, that information is confidential, and the Minister shall not disclose it or make it available except in some circumstances. Also, if an operator of an aircraft has a management system with a process for the collection, analysis and use of information derived from a flight data recorder, then any information collected under the process that comes into the Minister’s possession or information disclosed under an agreement for that process, is confidential, and the Minister shall not disclose it or make it available except in some circumstances. Moreover, every on-board recording is privileged and shall not be communicated.
- Amendment: Section 241 of the Income Tax Act, already listed in Schedule II
According to a proposed amendment to section 241 of the Income Tax Act [Government Bill C-33 entitled An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act, received First Reading on November 22, 2006], the Minister of Canadian Heritage may disclose taxpayer information in respect of a Canadian film or video production certificate to specific persons such as employees whose mandate includes the provision of assistance in respect of films or video production for the purpose of administrating or enforcing the program.
- Add: Excise Act, 2001 / Loi de 2001 sur l’accise and a corresponding reference to "section 211". [section 134 of Government Bill C-40 entitled An Act to amend the Excise Tax Act, the Excise Act, 2001 and the Air Travellers Security Charge Act and to make related amendments to other Acts, received Second Reading on January 30, 2007 and referred to committee (Finance)]
According to section 211, information obtained under that Act cannot be disclosed except in circumstances such as for the purpose of enforcing and administrating the Act, to specific officials for enforcement of various Acts, or with the consent of the person.
- Add: Breast Implant Registry Act / Loi sur le Registre des implants mammaires and a corresponding reference to "section 11" [section 20 of Private Member’s Bill C-312, entitled An Act to establish and maintain a national Breast Implant Registry, received First Reading on May 29, 2006].
Section 11 provides that information contained in the Registry can only be communicated with the consent of the person, and the person needs to be informed of the purpose for which the consent is sought. The Registrar may disclose information for the purpose of enforcing the Act, the administration of health care insurance plans, or for the purpose of disciplinary proceedings. Also, unidentifiable information may be disclosed for scientific research or statistical purposes, or when the disclosure is necessary to address the risk to the health of the person.
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