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Commissioner of Canada Elections

THIS INFORMATION SHARING AGREEMENT is made in duplicate

BETWEEN

THE CHIEF ELECTORAL OFFICER OF CANADA

AND

THE COMMISSIONER OF CANADA ELECTIONS

Part I – Interpretation

1. Purpose

2. Authority of the Parties: Mandates and Information-sharing

The information may include personal information about individuals employed or engaged by, or who made contributions to, any of these persons or entities, or about persons listed in the register of electors or a list of electors. Elections Canada may also carry out studies on voting and, subject to the Privacy Act, collect and use information for that purpose.

3. Definitions

4. Effective Date and Amendment

5. Roles and Responsibilities

PART II – INFORMATION TO BE SHARED

This Part of the ISA describes the types of information that may be shared, and the nature of the Personal Information that may be included in the shared information. The lists in Subsections 6.2, 7.2 and 8.3 are not exhaustive. The types of information that may be shared are as follows:

6. Complaints of potential non-compliance related to political financing matters, referred to the Commissioner by Elections Canada.

7. Complaints of potential non-compliance other than political financing matters transferred to the Commissioner by Elections Canada

8. Information or Documents Requested by Commissioner

9. Other Information or Documents provided to Commissioner on Elections Canada initiative

10. Information or Documents provided by Commissioner to Elections Canada

The Commissioner may share with Elections Canada information that the Commissioner is authorized to disclose and, where that information includes Personal Information, information that Elections Canada is authorized to collect. This may include information on the disposition by the Commissioner of a matter referred by Elections Canada, or observations by the Commissioner, arising out of the exercise of his powers, duties and functions, that the Commissioner considers useful to Elections Canada in carrying out any part of its mandate under the Canada Elections Act.

11. Unsolicited or Misdirected Documents or Information

PART III – SHARING OF INFORMATION

12. Frequency and Timing of the Information Sharing

13. Method of Sharing

PART IV – SECURITY OF PERSONAL INFORMATION

14. Confidentiality

15. Safeguards

PART V – DISCLOSURE, USE AND DISPOSAL OF PERSONAL INFORMATION

16. Disclosure and Use of Personal Information

The Parties shall not disclose, use or retain the documents or information, including Personal Information, received under this ISA for purposes other than those identified in this ISA or as permitted or required by law.

17. Disposal of the Original Data File Containing Personal Information

PART VI – PRIVACY BREACH

18. Notification

PART VII – REVIEW OF THE AGREEMENT

19. Compliance Monitoring

Each Party shall, on a yearly basis after the end of a calendar year, review its practices and procedures referred to in or relating to the implementation of this ISA and document such review. Each Party, if requested by the other Party, shall deliver to the requesting Party a report detailing the result of such review within a reasonable time frame following receipt of the request. The review may be used as the basis of the Annual Review meeting provided for in Section 20.

20. Annual Review

The Parties will meet at least annually to review and assess the operation and effectiveness of this ISA. The annual review will include, as a standing agenda item, the confidentiality and security policies, procedures and practices of each Party as they relate to the implementation of this ISA.

PART VIII – GENERAL PROVISIONS

21. General Provisions

Annex A   Position Titles of Persons Authorized as Senders or Receivers
Annex B   Sensitive Information and Assets Receipt Notification
Annex C   Relevant provisions of the Canada Elections Act

22. Notice

Attention: Marc Mayrand, Chief Electoral Officer
Address: 30 Victoria Street
Gatineau, QC  K1A 0M6
or to such other address, e-mail address or facsimile number or addressed to such other person as Elections Canada may, from time to time, designate in writing to the Commissioner;
Attention: Yves Côté, Commissioner of Canada Elections
Address: P.O. Box 8000, Station T
Ottawa, ON  K1G 3Z1
or to such other address, e-mail address or facsimile number or addressed to such other person as the Commissioner may, from time to time, designate in writing to Elections Canada.

If the postal service is interrupted, is threatened to be interrupted or is substantially delayed, any notice shall be delivered personally, by e-mail or by facsimile.

PART IX – SIGNATURE

This ISA is signed in duplicate by an authorized signatory of each Party, each copy being equally authentic.

Original signed by

MARC MAYRAND
CHIEF ELECTORAL OFFICER OF CANADA
Date: August 26, 2015

Original signed by

YVES CÔTÉ, Q.C.
COMMISSIONER OF CANADA ELECTIONS
Date: August 26, 2015



Annex A

Persons Authorized to Send or Receive Personal Information

On behalf of Elections Canada:

Supervisor, Records Management
Regulatory Instruments and Systems, Political Financing and Audit

Manager Program Administration
Regulatory Instruments and Systems, Political Financing and Audit

Election Expenses Officer
Political Financing and Audit

Project Officer
Political Financing and Audit

Chief, Distribution Centre
Field Readiness and Event Management, Electoral Events

Senior Director, Electoral Integrity Office
Regulatory Affairs

Assistant Director, Electoral Integrity Office
Regulatory Affairs

Chief, Data Services, Client Services
National Register of Electors

Manager, Client Services
National Register of Electors

Senior Manager, E-Registration-Client Services
National Register of Electors

Director, Field Programs and Services
National Register of Electors

Senior Data and Systems Analyst, Electoral Integrity Office
Regulatory Affairs

Business Analyst (4), Electoral Integrity Office Regulatory Affairs

On behalf of the Commissioner:

Commissioner of Canada Elections

Senior Director of Investigations

General Counsel and Senior Director, Legal Services

Investigators Authorized by the Senior Director of Investigations

Manager, Paralegal and Administrative Projects

Paralegal

Intake Officer

Data Analyst

Enquiries Officers Authorized by the Manager, Paralegal and Administrative Projects

Annex B

Sensitive Information and Assets Receipt Notification
 Avis de Réception de renseignements ou de biens sensibles

PART 1 – TO BE COMPLETED BY SENDER / Partie 1 - À REMPLIR PAR L'EXPÉDITEUR

Sender / Expéditeur
Name, Title, Address / Nom, titre, adresse
Addressee / Destinataire
Name, Title, Address / Nom, titre, adresse
Information Classification / Classification de l'information

Classified / Classifiée

  • Confidential / Confidentiel
  • Secret

Protected / Protégée

  • "A"
  • "B"
Information or Assets Shared / Renseignements ou biens partagés
Quantity
Quantité
Reference and File Numbers
Numéros de référence et de dossier
Description
     
Sender's Signature / Signature de l'expéditeur
__________________________________ Date : ______________________

PART 2 – TO BE COMPLETED BY ADDRESSEE / Partie 2 - À REMPLIR PAR LE DESTINATAIRE

Acknowledgement of delivery and receipt / Accusé de livraison et de réception
Addressee's Signature / Signature du destinataire
__________________________________ Date : ______________________

COPY TO SENDER ONCE COMPLETE /  ENVOYER COPIE REMPLIE À L'EXPÉDITEUR

Annex C

Provisions of the Canada Elections Act

16.5(1) The Chief Electoral Officer may disclose to the Commissioner any document or information that he or she has obtained under this Act and that he or she considers useful to the Commissioner in the exercise or performance of his or her powers, duties and functions under this Act.

(2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.

540(1) The Chief Electoral Officer shall retain in his or her possession the election documents sent to him or her by a returning officer, with the return of the writ, for at least one year if the election is not contested during that time and, if the election is contested, for one year after the end of the contestation.

(2) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.

(3) No election documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.

(4) Subsection (3) does not prohibit the Chief Electoral Officer or any authorized member of his or her staff from inspecting the documents referred to in that subsection.

(4.1) The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner's powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.

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