Information & Ethics committee  In a word, yes. It should be time-limited because it is an exceptional measure, and it should only last when required for the specific purpose of dealing with the pandemic.

Information & Ethics committee  It's similar. Certainly in terms of the characteristic, they should be time limited, absolutely, and the same general rules would apply.

Information & Ethics committee  Bill C-11 includes the authority to make orders and, as you say, to recommend fines. Is it a step in the right direction? I think the overall goal should be to ensure that Canadian consumers have access to quick and effective remedies when their privacy rights are breached or violated, and as we tried to explain in our submission, in most cases we think that the imposition of administrative penalties would result, on average, seven years after the violation has occurred.

Information & Ethics committee  We have not seen the precise details that you mentioned this morning, but there have been a number of conversations with the government—and particularly health authorities, obviously—on how proof of vaccination could be required at the border for returning Canadians or people seeking to enter the country.

Information & Ethics committee  The first point, of course, is that it is exceptional that either the public or private sector would require proof of vaccination or of medical status before providing a service, but these are not normal times. The pandemic is an exceptional situation, so we have issued, along with our provincial colleagues, certain guidelines or parameters as to when governments or private sector organizations may require the presentation of this proof of vaccination.

Information & Ethics committee  Thank you very much, Mr. Chair and members of the committee, for having me today. I have not prepared an opening statement, but I will say a few words as an introduction. First, I would like to say that I am honoured that parliamentarians have placed their trust in me and that they have renewed my mandate for the coming year.

Information & Ethics committee  As I was saying, this will be an important year of transition for privacy law in Canada, and for—

Information & Ethics committee  Thank you very much. The next year will be an important year of transition for privacy law in Canada and for the Office of the Privacy Commissioner. I intend, during the next year, to continue to comment on legislative proposals that are being made, or may be made, both in private sector privacy law and possibly in public sector privacy law.

Information & Ethics committee  It is indeed late, but technology isn't going to stop advancing. I think government and parliamentary institutions need to develop rules governing the use of that technology going forward. Someone brought up how complex technology was. That is absolutely true, but I think it becomes a whole lot less complex when we commit to projecting our values in the legislation regulating that technology.

Information & Ethics committee  First, I would not ascribe motivation to those who have tabled Bill C-11, other than trying to balance commercial interests and privacy concerns and issues, and—

Information & Ethics committee  That's my concern, as well. Indeed, I think it is quite possible that a court, seized with a matter like Clearview AI, under CPPA, would not necessarily maintain the decision that we have made, in part because of the way the balancing clause of the CPPA is drafted. I find that extremely concerning, as well as the limited nature of administrative penalties under Bill C-11.

Information & Ethics committee  There should not be complete overlap. Maybe I should make that clear. The Competition Bureau has jurisdiction over consumer protection and competition, and there is some overlap with us when personal information is involved. To that extent, I think we need to live with these overlaps, but the mandate of these various bodies should make it clear who is responsible for what.

Information & Ethics committee  I completely agree that departments should consult our office beforehand when they are considering legislative or even administrative measures with significant privacy implications. You used the word “approval”, but I think departments need to retain their responsibilities, as delegated.

Information & Ethics committee  Yes, we would have liked to be more involved. However, we recognize that making decisions is the government's responsibility at the end of the day.

Information & Ethics committee  That's my opinion as well.