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Determines the personal-information regime that governs you.
Hosted outside Quebec, and public-body obligations
Agreely's data is hosted in Canada, in the Toronto region (Ontario), and therefore outside Quebec. For a public body, entrusting Agreely with the keeping or use of personal information on its behalf is a communication outside Quebec under section 70.1 para. 3 of the Act respecting access (CQLR, c. A-2.1). Before storing personal information in Agreely, your body must carry out its own privacy impact assessment and conclude that the information would receive adequate protection (s. 70.1 paras. 1 and 2), enter into a written agreement reflecting the results of that assessment (s. 70.1 para. 2), entrust the mandate in writing with the clauses required by s. 67.2 para. 2, and record the communication in its register (s. 67.3).
Agreely acts as a mandatary within the meaning of s. 67.2. Agreely documents and records; it does not carry out this assessment for you and does not certify the adequacy of the protection.
Attestation required for the public-body regime
The information of users of a health or social-services institution is governed by a separate regime (the Act respecting health and social services information, CQLR c. R-22.1, « Law 5 »), which the Act respecting access expressly excludes (s. 2 (5)). Such institutions are public bodies (s. 3 para. 1, listed in s. 7), but their user information is not covered by this tool.
Wording subject to legal-counsel review. The precise application to each institution must be confirmed case by case.
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