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O. Reg. 463/06: GENERAL


Published: 2006-09-29

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ontario regulation 463/06

made under the

vital Statistics Act

Made: September 27, 2006
Filed: September 29, 2006
Published on e-Laws: September 29, 2006
Printed in The Ontario Gazette: October 14, 2006


Amending Reg. 1094 of R.R.O. 1990

(General)

1. Regulation 1094 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

72.1 (1) The Canada Employment Insurance Commission is prescribed as an institution for the purposes of section 48.13 of the Act.

(2) The following requirements are prescribed for the purposes of clause 48.13 (2) (c) of the Act with respect to an application for the disclosure of information to an institution:

1. The applicant shall identify in the application the persons within the institution and within agents acting on its behalf who will have access to the information immediately upon its disclosure.

2. Before the Registrar General discloses the information, the applicant and the persons described in paragraph 1 shall undergo a security clearance check that meets the standards specified by the Registrar General and the applicant shall provide evidence in writing of the security clearance checks to the Registrar General.

3. Before the Registrar General discloses the information, the applicant and the persons described in paragraph 1 shall take an oath of secrecy and the applicant shall provide evidence in writing of the oath to the Registrar General.

(3) An agreement mentioned in clause 48.13 (2) (d) of the Act with respect to an application for the disclosure of information to an institution shall set out,

(a) a description of the information;

(b) if the information is disclosed under subsection 48.13 (5) of the Act, a description of the other information that the institution has before making the application and that necessitates the disclosure of the information;

(c) a statement that the Registrar General does not guarantee the accuracy or sufficiency of the information;

(d) the frequency, method and timing of disclosure of the information;

(e) a description of the time period of the agreement, subject to the right of the Registrar General to terminate it under subsection 72.2 (3);

(f) a description of whatever right the institution has under the agreement to renew it and the process for doing so;

(g) a list of the agents of the institution who will be acting on its behalf in using the information;

(h) subject to subsection 48.13 (6) of the Act, the purpose for which the institution and agents of the institution acting on its behalf will use the information;

(i) a description of the protocol regarding the persons within the institution and within agents of the institution acting on its behalf who will be given access to the information in addition to those identified in the application;

(j) a requirement that the additional persons described in clause (i) shall take an oath of secrecy and undergo a security clearance check that meets the standards specified by the Registrar General before accessing the information;

(k) a description of the policies and practices of the institution for protecting the information;

(l) a description of the policies and practices of the institution for storing the information at all times, including security measures to ensure the confidentiality of the information;

(m) a requirement that the institution and agents of the institution acting on its behalf use, access and store the information at all times at a location in Canada;

(n) a description of the manner in which the institution is required to destroy the information;

(o) a requirement that the institution notify the Registrar General of all changes to information contained in the agreement about the institution and its agents acting on its behalf;

(p) a requirement that the institution notify the Registrar General upon becoming aware that any term or condition set out in the agreement has been breached, including notification of any loss, theft, malfunction; and

(q) a description of events that allow the Registrar General to terminate the agreement.

72.2 (1) At the request of the Registrar General, an institution to whom the Registrar General discloses information under section 48.13 of the Act shall give the Registrar General a copy of the policies and practices described in clause 72.1 (3) (k) or (l).

(2) An institution to whom the Registrar General discloses information under section 48.13 of the Act shall not allow persons within the institution or within agents acting on its behalf access to the information, in addition to the persons identified in the institution’s application for disclosure of the information, until those additional persons take an oath of secrecy and undergo a security clearance check that meets the standards specified by the Registrar General.

(3) If an event described in the agreement mentioned in clause 48.13 (2) (d) of the Act in accordance with clause 72.1 (3) (q) occurs, the Registrar General may terminate the agreement and, in that case, the Registrar General may,

(a) require that the institution and persons authorized to have access to the information immediately discontinue using the information;

(b) demand that the institution return the information to the Registrar General and destroy all copies of the information; and

(c) require the institution to comply with any other demand regarding the use, retention and destruction of the information.

72.3 An institution to whom the Registrar General discloses information under section 48.13 of the Act shall destroy the information no later than one year after receiving it.

2. This Regulation comes into force on the later of the day on which clauses 60 (1) (m.4), as amended by section 2 of Schedule P to the Budget Measures Act, 2006, and (x) to (z.1) of the Act come into force and the day on which this Regulation is filed.