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Authority for the Collection of Personal Information
No personal information may be collected by or for a department unless:
a) the collection of that information is expressly authorized by a enactment of the Mohawk Council of Akwesasne or an enactment of Canada, Ontario or Quebec,
b) the information is collected for the purposes of law enforcement, or
c) the information relates directly to and is necessary for an operating program or activity of the department.
How Personal Information May Be Collected
a) A department must collect personal information directly from the individual to whom the information pertains unless:
i. another method of collection is authorized by:
a. that individual,
b. an enactment of the Mohawk Council of Akwesasne, or
c. the Mohawk Court, a federal Court or a Court established by the government of Ontario or the government of Quebec.
ii. the information may be disclosed to the department under section 41, 43 or 44 of this Regulation,
iii. the information is collected in a health or safety emergency where:
a. the individual is not able to provide the information directly, or
b. direct collection could reasonably be expected to endanger the mental or physical health or safety of the individual or another person,
iv. the information concerns an individual who is designated as a person to be contacted in an emergency or under other specified circumstances,
v. the information is collected for the purpose of determining suitability of the individual for an honour or award, including an honorary degree, scholarship, prize or bursary,
vi. the information is collected from published or other public sources for the purpose of fund-raising,
vii. the information is collected for the purpose of law enforcement,
viii. the information is collected for the purpose of collecting a fine or a debt owed to the Mohawk Council of Akwesasne,
ix. the information concerns the history, release or supervision of an individual under the control or supervision of a correctional authority,
x. the information is collected for use in the provision of legal services to the Mohawk Council of Akwesasne,
xi. the information is necessary:
a. to determine the eligibility of an individual to participate in a program of or receive a benefit, product or service from the Mohawk Council of Akwesasne, and is collected in the course of processing an application made by or on behalf of the individual to whom the information pertains, or
b. to verify the eligibility of an individual who is participating in a program of or receiving a benefit, product or service from the Mohawk Council of Akwesasne and is collected for that purpose,
xii. the information is collected for the purpose of informing a provincial public trustee or public guardian of Ontario or Quebec or the Department of Health, the Department of Community and Social Services or the Department of Justice of the Mohawk Council of Akwesasne about clients or potential clients,
xiii. the information is collected for the purpose of enforcing a maintenance order under a maintenance enforcement enactment of Canada, Ontario or Quebec,
xiv. the information is collected for the purpose of managing or administering personnel of a department, or
xv. the information is collected for the purpose of assisting in researching or validating the claims, disputes or grievances of the of the Mohawk people, the Mohawk Council of Akwesasne, another government within Akwesasne or another First Nation community.
b) Where a department collects personal information from the individual to whom the information pertains, it must inform that individual of:
i. the purpose for which the information is collected,
ii. the specific policy authority for the collection, and
iii. the title, business address and business telephone number of an officer or employee of the department who can answer the individual's questions about the collection.
c) Paragraphs a) and b) do not apply if, in the opinion of the Director of the department concerned:
i. the information collected in compliance with those provisions will likely be inaccurate, or
ii. compliance with those provisions will likely defeat the purpose of the collection.
Accuracy and Retention of Personal Information
a) A department must make every reasonable effort to ensure that any personal information that is used to make a decision about an individual is as accurate, complete and up-to-date as possible.
b) A department must retain the personal information for at least one year after using it so that the individual has a reasonable
opportunity to obtain access to it, unless one of the following conditions applies:
i. the individual has consented in writing to the shorter retention period;
ii. the Director of the department has agreed to the shorter retention period; and
iii. The final disposition of the information is in accordance with an enactment of the Mohawk Council of Akwesasne, Canada, Quebec or Ontario or has been ordered by a court that has jurisdiction to make such an order.
c) The retention period referred to in section b) applies regardless of the retention period specified in the Mohawk Council of Akwesasne’s Retention and Disposal Schedule.
Right to Request the Correction of Personal Information
a) An applicant who believes there is an error or omission in his or her personal information may request the Director of the department that has the information in its custody or under its control to correct the information;
b) Despite section a), the Director of a department must not correct an opinion, including a professional or expert opinion;
c) Where the Director of a department refuses to make the requested correction, he or she must annotate all the copies of the information that is the subject of the request for correction;
d) The Director must notify any other department or any third party to whom that information has been disclosed during the one year before the correction was requested that a correction, annotation or linkage has been made;
e) Despite section d), the Director of the department may dispense with notifying any other department or third party that a correction, annotation or linkage has been made if:
i. in the opinion of the Director of the department, the correction, annotation or linkage is not material, and
ii. the individual who requested the correction is advised and agrees in writing that notification is not necessary.
f) On being notified under section d) of a correction, annotation or linkage of personal information, the Director of the department must make the correction, annotation or linkage on any record of that information in its custody or under its control.
g) The Director of the department who has received a request for the correction of personal information must inform the applicant in writing within 30 days that the correction has been made or that an annotation or linkage has been made. The 30-time frame may be extended in accordance with the requirements of section 16 of this Regulation.
Transferring Request to Correct Personal Information
a) Within 15 days after a request for the correction of personal information has been received under section 38, the Director of the department may transfer the request to another department if:
i. the personal information was collected by the other department, or
ii. the other department created the record containing the personal information.
b) Where a request for correction is transferred under section a):
i. the Director of the department who transferred the request must notify the applicant of the transfer as soon as possible, and
ii. the Director of the department to which the request is transferred must make every reasonable effort to respond to the request not later than 30 days after receiving the request unless the time limit is extended in accordance with section 16 of this Regulation.
a) A department may use personal information only:
i. for the purpose for which the information was collected or compiled or for a use consistent with that purpose,
ii. if the individual to whom the information pertains has identified the information and consented, in the prescribed manner, to the use, or
iii. for a purpose for which that information may be disclosed to that department under sections 41, 43 or 44.
b) A department may use personal information only to the extent necessary to enable it to carry out its purpose in a reasonable manner.
Disclosure Of Personal Information
a) A department may disclose personal information only:
i. in accordance with Chapter Two of this Regulation,
ii. if the disclosure would not be an unreasonable invasion of a third party's personal privacy under section 20 of this Regulation,
iii. for the purpose for which the information was collected or compiled or for a use consistent with that purpose,
iv. if the individual to whom the information pertains:
a. has identified the information,
b. has consented in writing to its disclosure, and
c. understands the implications of his or her consent (informed consent).
v. for the purpose of complying with an enactment of the Mohawk Council of Akwesasne;
vi. for the purpose of complying with an enactment of Canada, Ontario or Quebec or with a treaty, arrangement or agreement signed with another government,
iv. for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body having jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
v. to an officer or employee of the department or to a Council member, if the information is necessary for the performance of the duties of the officer, employee or member,
vi. to an officer or employee of a department or to a Council member, if the disclosure is necessary for the delivery of a common or integrated programs or services and for the performance of the duties of the officer or employee or member to whom the information is disclosed,
vii. for the purpose of enforcing a legal right that the Mohawk Council of Akwesasne has against any person,
viii. for the purpose of:
a. collecting a fine or debt owing by an individual to the Mohawk Council of Akwesasne or to a department, or to an assignee of either of them, or
b. making a payment owing by the Mohawk Council of Akwesasne or by a department to an individual,
ix. for the purpose of determining or verifying an individual's suitability or eligibility for a program or benefit,
x. to an internal or an external auditor whose services have been retained by the Mohawk Council of Akwesasne or by a department for audit purposes,
xi. to a Council member who can prove that he or she has been requested by the individual to whom the information pertains to assist in resolving a problem,
xii. to a representative of a bargaining agent who has been authorized in writing by the employee to whom the information pertains to make an inquiry,
xiii. to the Archives Services of the Mohawk Council of Akwesasne or to the archives of a department for permanent preservation,
xiv. to a department or a law enforcement agency in Canada:
a. to assist in an investigation undertaken with a view to a law enforcement proceeding, or
b. from which a law enforcement proceeding is likely to result,
if the disclosure is in accordance with a legislative authority, a Regulation of Council or with an arrangement, written agreement or treaty approved by Council.
xv. if the department is a law enforcement agency and the information is disclosed to another law enforcement agency in Canada, or to a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
xvi. so that the spouse, relative or friend of an injured, ill or deceased individual may be contacted,
xvii. in accordance with sections 43 or 44,
xviii. to an expert for the purposes of section 33 (b),
xix. for use in a proceeding before a court or quasi-judicial body to which the Mohawk Council of Akwesasne or a department is a party,
xx. when disclosure is by the Director of the Department of Justice or an agent or lawyer of the Department of Justice to a place of lawful detention,
xxi. for the purpose of supervising an individual under the control or supervision of a correctional authority,
xxii. for the purpose of managing or administering personnel of the Mohawk Council of Akwesasne or a department,
xxiii. to the Director of a Maintenance Enforcement authority of Canada, Ontario or Quebec for the purpose of enforcing a maintenance order under the applicable Maintenance Enforcement legislation,
xxiv. when the information is available to the public in the same context in which it is kept by the department,
xxv. to a relative of a deceased individual if, in the opinion of the Director of the department, the disclosure is not an unreasonable invasion of the deceased's personal privacy,
xxvi. to a lawyer or student-at-law acting for an inmate under the control or supervision of a correctional authority, or
xxvii. if the Director of the department believes, on reasonable grounds, that the disclosure will avert or minimize an imminent danger to the health or safety of any person.
b) A department may disclose personal information under section a) only to the extent necessary to enable it to carry out its purpose in a reasonable manner.
For the purposes of sections 41 a) i and 42 a) vi, a use or disclosure of personal information is consistent with the purpose for which the information was collected or compiled if the use or disclosure:
i. has a reasonable and direct connection to that purpose, and
ii. is necessary for performing the statutory duties of, or for operating a legally authorized program of, the department that uses or discloses the information.
Disclosure For Research Or Statistical Purposes
A department may disclose personal information for a research purpose, including statistical research, only if:
a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form or the research purpose has been approved by a Court,
b) any record linkage is not harmful to the individuals the information is about and the benefits to be derived from the record linkage are clearly in the public interest,
c) the Director of the department has approved conditions relating to the following:
i. security and confidentiality,
ii. the removal or destruction of individual identifiers at the earliest reasonable time, and
iii. the prohibition of any subsequent use or disclosure of the information in individually identifiable form without the express authorization of that department,
d) the person to whom the information is disclosed has signed an agreement to comply with the approved conditions, with this Regulation and with any other departmental policies and procedures relating to the confidentiality of personal information.
e) the Director of a department may enter into an agreement with a student or a researcher whereby information will be provided to the student or the researcher in return for a fee, information or other form of compensation.
Disclosure of Information In Archives
The Archives Division of the Mohawk Council of Akwesasne or the archives of a department may disclose for research purposes personal information that:
a) has been in existence for 25 years or more if the disclosure would not be an unreasonable invasion of personal privacy under section 21 of this Regulation,
b) is in accordance with section 44, or
c) is contained in a record that has been in existence for 75 years or more.
Contact MCA
Mohawk Council of Akwesasne
Email: info@akwesasne.ca
Phone 613-575-2250
Fax: 613-575-2181
