Canada Transportation Act

Marginal note:Confidentiality of information — Minister or designated person

• 51 (1) Except as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided under this Act to the Minister or a person designated under section 6.11 is, when it is received by the Minister or the designated person, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173.

• Marginal note:Communication of information

  (2) Subsection (1) does not apply so as to prohibit

  • (a) the communication of information to the Agency, the Administrator of the Fund appointed under section 153.7, Statistics Canada or a minister of the Crown in right of Canada, the agent of that minister or an officer or employee of, or adviser to, Her Majesty in right of Canada for the purposes of the administration of this Act or any other Act of Parliament or for the purposes of the development of policies;

  • (a.1) the communication of information that is provided under regulations made under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system;

  • (a.2) the communication of information prescribed in the regulations to persons prescribed in the regulations;

  • (b) the communication of information to persons referred to in paragraph 50(1.1)(c) that is necessary for them to carry out their duties and functions;

  • (c) the communication of information, including to the public, in an aggregated form that prevents information obtained from an identifiable person from being related to that person;

  • (d) the communication of information by the Minister for the purpose of monitoring the grain transportation and handling system; or

  • (e) the communication of information that is available to, or ascertainable by, the public.

• Marginal note:Terms and conditions

  (2.1) The Minister may, with the approval of the Governor in Council, make regulations respecting the terms and conditions for the communication of information referred to in subsection (2).

• Marginal note:Regulations

  (2.2) The Governor in Council may make regulations prescribing information and persons for the purposes of paragraph (2)(a.2).

• Marginal note:Safe and secure procedures

  (3) The Minister and any person designated under section 6.11 shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure.

• Marginal note:Requirement for other persons to maintain confidentiality

  (4) Any person who receives from the Minister or a person designated under section 6.11 information that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.