P-39.1 - Act respecting the protection of personal information in the private sector

Section 18 Disposition versions

2023-09-22

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information he holds on that person

(1)  to his attorney;

(2)  to the Director of Criminal and Penal Prosecutions if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a person or body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under an Act applicable in Québec or under a collective agreement;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(7.1)  to a person or body in accordance with sections 18.1 to 18.4;

(8)  to a person who may use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it for that purpose in the performance of his duties;

(9.1)  to a person if the information is needed for the recovery of a claim of the enterprise;

(10)  (subparagraph repealed).

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 9.1 of the first paragraph.

The persons referred to in subparagraphs 1, 9 and 9.1 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

The holder of a security guard agency licence or investigation agency licence issued under the Private Security Act (chapter S-3.5) or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1; 2006, c. 22, s. 117; 2005, c. 34, s. 85; 2006, c. 23, s. 128; 2021, c. 25, s. 112.

2022-09-22

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Director of Criminal and Penal Prosecutions if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under an Act applicable in Québec or under a collective agreement;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(7.1)  to a person or body in accordance with sections 18.1 to 18.4;

(8)  to a person who may use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it for that purpose in the performance of his duties;

(9.1)  to a person if the information is needed for the recovery of a claim of the enterprise;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

The persons referred to in subparagraphs 1, 9 and 9.1 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

The holder of a security guard agency licence or investigation agency licence issued under the Private Security Act (chapter S-3.5) or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1; 2006, c. 22, s. 117; 2005, c. 34, s. 85; 2006, c. 23, s. 128; 2021, c. 25, s. 112.

The subparagraph 7.1 of first paragraph come into force on 22 September 2022 as it concerns section 18.4. (2021, c. 25, s. 175 (2))

2010-03-03

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Director of Criminal and Penal Prosecutions if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under an Act applicable in Québec or under a collective agreement;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(8)  to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it for that purpose in the performance of his duties;

(9.1)  to a person if the information is needed for the recovery of a claim of the enterprise;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

The persons referred to in subparagraphs 1, 9 and 9.1 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

The holder of a security guard agency licence or investigation agency licence issued under the Private Security Act (chapter S-3.5) or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1; 2006, c. 22, s. 117; 2005, c. 34, s. 85; 2006, c. 23, s. 128.

2007-03-15

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Director of Criminal and Penal Prosecutions if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under an Act applicable in Québec or under a collective agreement;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(8)  to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it for that purpose in the performance of his duties;

(9.1)  to a person if the information is needed for the recovery of a claim of the enterprise;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

The persons referred to in subparagraphs 1, 9 and 9.1 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

A detective or security agency holding a permit issued under the Act respecting detective or security agencies (chapter A‐8), or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1; 2006, c. 22, s. 117; 2005, c. 34, s. 85.

2006-06-14

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Attorney General if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under an Act applicable in Québec or under a collective agreement;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(8)  to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it for that purpose in the performance of his duties;

(9.1)  to a person if the information is needed for the recovery of a claim of the enterprise;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

The persons referred to in subparagraphs 1, 9 and 9.1 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

A detective or security agency holding a permit issued under the Act respecting detective or security agencies (chapter A‐8), or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1; 2006, c. 22, s. 117.

2001-12-20

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Attorney General if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a person responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under the law or a collective agreement, who requires it in the performance of his duties;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(8)  to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it in the performance of his duties;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

The persons referred to in subparagraphs 1 and 9 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

A detective or security agency holding a permit issued under the Act respecting detective or security agencies (chapter A-8), or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1.

1999-10-22

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Attorney General if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a person responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under the law or a collective agreement, who requires it in the performance of his duties;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(8)  to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it in the performance of his duties;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

The persons referred to in subparagraphs 1 and 9 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

A detective or security agency holding a permit issued under the Act respecting detective or security agencies (chapter A-8), or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18; 1999, c. 40, s. 233.

1994-01-01

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

(1)  to his attorney;

(2)  to the Attorney General if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

(3)  to a person responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

(4)  to a person to whom it is necessary to communicate the information under the law or a collective agreement, who requires it in the performance of his duties;

(5)  to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

(6)  to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

(7)  to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

(8)  to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21;

(9)  to a person who is authorized by law to recover debts on behalf of others and who requires it in the performance of his duties;

(10)  to a person in accordance with section 22, in the case of a nominative list.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is considered to be part of the file.

The persons referred to in subparagraphs 1 and 9 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

A detective or security agency holding a permit issued under the Act respecting detective or security agencies (chapter A-8), or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

1993, c. 17, s. 18.