Short Title
This Act may be cited as the Access to Information Act.
Purpose of Act
The purpose of this Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions.
In furtherance of that purpose,
Part 1 extends the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government; and
Part 2 sets out requirements for the proactive publication of information.
This Act is also intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.
Interpretation
In this Act,
alternative format, with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; (support de substitution)
business day means a day other than
a Saturday;
a Sunday or other holiday; and
a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)
Court means the Federal Court; (Cour)
designated Minister means a person who is designated as the Minister under subsection 3.2(1); (ministre désigné)
foreign state means any state other than Canada; (État étranger)
government institution means
any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and
any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; (institution fédérale)
head, in respect of a government institution, means
in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or
in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)
Information Commissioner means the Commissioner appointed under section 54; (Commissaire à l’information)
personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels)
record means any documentary material, regardless of medium or form; (document)
sensory disability means a disability that relates to sight or hearing; (déficience sensorielle)
third party, in respect of a request for access to a record under Part 1, means any person, group of persons or organization other than the person that made the request or a government institution. (tiers)
For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.
For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.
For greater certainty, for the purposes of this Act, information that relates to the general administration of a government institution includes information that relates to expenses paid by the institution for travel, including lodging, and hospitality.
Designation
The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.
The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.
Access to Government Records
Access
Right of Access
Subject to this Part, but notwithstanding any other Act of Parliament, every person who is
a Canadian citizen, or
a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,
has a right to and shall, on request, be given access to any record under the control of a government institution.
The Governor in Council may, by order, extend the right to be given access to records under subsection (1) to include persons not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate.
The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested.
For the purposes of this Part, any record requested under this Part that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution.
Information about Government Institutions
The designated Minister shall cause to be published, on a periodic basis not less frequently than once each year, a publication containing
a description of the organization and responsibilities of each government institution, including details on the programs and functions of each division or branch of each government institution;
a description of all classes of records under the control of each government institution in sufficient detail to facilitate the exercise of the right of access under this Part;
a description of all manuals used by employees of each government institution in administering or carrying out any of the programs or activities of the government institution; and
the title and address of the appropriate officer for each government institution to whom requests for access to records under this Part should be sent.
The designated Minister shall cause to be published, at least twice each year, a bulletin to bring the material contained in the publication published under subsection (1) up to date and to provide to the public other useful information relating to the operation of this Act.
Any description that is required to be included in the publication or bulletins published under subsection (1) or (2) may be formulated in such a manner that the description does not itself constitute information on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part.
Requests for Access
A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort.
With the Information Commissioner’s written approval, the head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution, the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records.
The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.
If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing.
The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act.
If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).
If the head of a government institution declines to act on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so.
give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and
if access is to be given, give the person who made the request access to the record or part thereof.
Where a government institution receives a request for access to a record under this Part and the head of the institution considers that another government institution has a greater interest in the record, the head of the institution may, subject to such conditions as may be prescribed by regulation, within fifteen days after the request is received, transfer the request and, if necessary, the record to the other government institution, in which case the head of the institution transferring the request shall give written notice of the transfer to the person who made the request.
For the purpose of subsection (1), a government institution has a greater interest in a record if
the record was originally produced in or for the institution; or
in the case of a record not originally produced in or for a government institution, the institution was the first government institution to receive the record or a copy thereof.
the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution,
consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or
notice of the request is given pursuant to subsection 27(1)
by giving notice of the extension and, in the circumstances set out in paragraph (a) or (b), the length of the extension, to the person who made the request within thirty days after the request is received, which notice shall contain a statement that the person has a right to make a complaint to the Information Commissioner about the extension.
Where the head of a government institution extends a time limit under subsection (1) for more than thirty days, the head of the institution shall give notice of the extension to the Information Commissioner at the same time as notice is given under subsection (1).
Where the head of a government institution refuses to give access to a record requested under this Part or a part thereof, the head of the institution shall state in the notice given under paragraph 7(a)
that the record does not exist, or
the specific provision of this Part on which the refusal was based or, where the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed,
and shall state in the notice that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal.
The head of a government institution may but is not required to indicate under subsection (1) whether a record exists.
Where the head of a government institution fails to give access to a record requested under this Part or a part thereof within the time limits set out in this Part, the head of the institution shall, for the purposes of this Part, be deemed to have refused to give access.
Subject to this section, a person who makes a request for access to a record under this Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation.
The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.
Access Given
A person who is given access to a record or a part thereof under this Part shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof.
Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language
forthwith, if the record or part thereof already exists under the control of a government institution in that language; or
within a reasonable period of time, if the head of the government institution that has control of the record considers it to be in the public interest to cause a translation to be prepared.
Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given has a sensory disability and requests that access be given in an alternative format, a copy of the record or part thereof shall be given to the person in an alternative format
forthwith, if the record or part thereof already exists under the control of a government institution in an alternative format that is acceptable to that person; or
within a reasonable period of time, if the head of the government institution that has control of the record considers the giving of access in an alternative format to be necessary to enable the person to exercise the person’s right of access under this Part and considers it reasonable to cause that record or part thereof to be converted.
Exemptions
Responsibilities of Government
Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained in confidence from
the government of a foreign state or an institution thereof;
an international organization of states or an institution thereof;
the government of a province or an institution thereof;
a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; or
an aboriginal government.
The head of a government institution may disclose any record requested under this Part that contains information described in subsection (1) if the government, organization or institution from which the information was obtained
consents to the disclosure; or
makes the information public.
The expression aboriginal government in paragraph (1)(e) means
Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;
the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act;
the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act;
the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act;
the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act;
the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act;
the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act;
the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;
a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act;
Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act;
the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;
the council of a participating First Nation, as defined in section 2 of the Anishinabek Nation Education Agreement Act; or
a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.
The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs, including, without restricting the generality of the foregoing, any such information
on federal-provincial consultations or deliberations; or
on strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial affairs.
The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, including, without restricting the generality of the foregoing, any such information
relating to military tactics or strategy, or relating to military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention or suppression of subversive or hostile activities;
relating to the quantity, characteristics, capabilities or deployment of weapons or other defence equipment or of anything being designed, developed, produced or considered for use as weapons or other defence equipment;
relating to the characteristics, capabilities, performance, potential, deployment, functions or role of any defence establishment, of any military force, unit or personnel or of any organization or person responsible for the detection, prevention or suppression of subversive or hostile activities;
obtained or prepared for the purpose of intelligence relating to
the defence of Canada or any state allied or associated with Canada, or
the detection, prevention or suppression of subversive or hostile activities;
obtained or prepared for the purpose of intelligence respecting foreign states, international organizations of states or citizens of foreign states used by the Government of Canada in the process of deliberation and consultation or in the conduct of international affairs;
on the positions adopted or to be adopted by the Government of Canada, governments of foreign states or international organizations of states for the purpose of present or future international negotiations;
that constitutes diplomatic correspondence exchanged with foreign states or international organizations of states or official correspondence exchanged with Canadian diplomatic missions or consular posts abroad; or
relating to the communications or cryptographic systems of Canada or foreign states used
for the conduct of international affairs,
for the defence of Canada or any state allied or associated with Canada, or
in relation to the detection, prevention or suppression of subversive or hostile activities.
In this section,
defence of Canada or any state allied or associated with Canada includes the efforts of Canada and of foreign states toward the detection, prevention or suppression of activities of any foreign state directed toward actual or potential attack or other acts of aggression against Canada or any state allied or associated with Canada; (défense du Canada ou d’États alliés ou associés avec le Canada)
subversive or hostile activities means
espionage against Canada or any state allied or associated with Canada,
sabotage,
activities directed toward the commission of terrorist acts, including hijacking, in or against Canada or foreign states,
activities directed toward accomplishing government change within Canada or foreign states by the use of or the encouragement of the use of force, violence or any criminal means,
activities directed toward gathering information used for intelligence purposes that relates to Canada or any state allied or associated with Canada, and
activities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada. (activités hostiles ou subversives)
The head of a government institution may refuse to disclose any record requested under this Part that contains
information obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to
the detection, prevention or suppression of crime,
the enforcement of any law of Canada or a province, or
activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,
if the record came into existence less than twenty years prior to the request;
information relating to investigative techniques or plans for specific lawful investigations;
information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information
relating to the existence or nature of a particular investigation,
that would reveal the identity of a confidential source of information, or
that was obtained or prepared in the course of an investigation; or
information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.
The head of a government institution may refuse to disclose any record requested under this Part that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information
on criminal methods or techniques;
that is technical information relating to weapons or potential weapons; or
on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.
The head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality agreed not to disclose such information.
For the purposes of paragraphs (1)(b) and (c), investigation means an investigation that
pertains to the administration or enforcement of an Act of Parliament;
is authorized by or pursuant to an Act of Parliament; or
is within a class of investigations specified in the regulations.
The following heads of government institutions shall refuse to disclose any record requested under this Part that contains information that was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by them or under their authority:
the Auditor General of Canada;
the Commissioner of Official Languages for Canada;
the Information Commissioner; and
the Privacy Commissioner.
However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.
The Commissioner of Lobbying shall refuse to disclose any record requested under this Part that contains information that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by or under the authority of the Commissioner.
However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.
Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may refuse to disclose any record requested under this Part that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the Canada Elections Act.
[Repealed]
The Public Sector Integrity Commissioner shall refuse to disclose any record requested under this Part that contains information
obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act; or
received by a conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that Act.
Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed.
The head of a government institution shall refuse to disclose any record requested under this Part that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose any record requested under this Part that contains information obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.
The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals.
The head of a government institution may refuse to disclose any record requested under this Part that contains
trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Canada or a government institution and has substantial value or is reasonably likely to have substantial value;
information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution or to interfere with contractual or other negotiations of a government institution;
scientific or technical information obtained through research by an officer or employee of a government institution, the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication; or
information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to
the currency, coinage or legal tender of Canada,
a contemplated change in the rate of bank interest or in government borrowing,
a contemplated change in tariff rates, taxes, duties or any other revenue source,
a contemplated change in the conditions of operation of financial institutions,
a contemplated sale or purchase of securities or of foreign or Canadian currency, or
a contemplated sale or acquisition of land or property.
The head of a government institution may refuse to disclose a record requested under this Part that contains trade secrets or financial, commercial, scientific or technical information that belongs to, and has consistently been treated as confidential by,
the Canada Post Corporation;
Export Development Canada;
the Public Sector Pension Investment Board; or
VIA Rail Canada Inc.
However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to
the general administration of an institution referred to in any of paragraphs (1)(a) to (d); or
any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.
Personal Information
Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains personal information.
The head of a government institution may disclose any record requested under this Part that contains personal information if
the individual to whom it relates consents to the disclosure;
the information is publicly available; or
the disclosure is in accordance with section 8 of the Privacy Act.
Third Party Information
Subject to this section, the head of a government institution shall refuse to disclose any record requested under this Part that contains
trade secrets of a third party;
financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party;
information that is supplied in confidence to a government institution by a third party for the preparation, maintenance, testing or implementation by the government institution of emergency management plans within the meaning of section 2 of the Emergency Management Act and that concerns the vulnerability of the third party’s buildings or other structures, its networks or systems, including its computer or communications networks or systems, or the methods used to protect any of those buildings, structures, networks or systems;
information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party; or
information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.
The head of a government institution shall not, pursuant to subsection (1), refuse to disclose a part of a record if that part contains the results of product or environmental testing carried out by or on behalf of a government institution unless the testing was done as a service to a person, a group of persons or an organization other than a government institution and for a fee.
Where the head of a government institution discloses a record requested under this Part, or a part thereof, that contains the results of product or environmental testing, the head of the institution shall at the same time as the record or part thereof is disclosed provide the person who requested the record with a written explanation of the methods used in conducting the tests.
For the purposes of this section, the results of product or environmental testing do not include the results of preliminary testing conducted for the purpose of developing methods of testing.
The head of a government institution may disclose any record that contains information described in subsection (1) with the consent of the third party to whom the information relates.
The head of a government institution may disclose all or part of a record requested under this Part that contains information described in any of paragraphs (1)(b) to (d) if
the disclosure would be in the public interest as it relates to public health, public safety or protection of the environment; and
the public interest in disclosure clearly outweighs in importance any financial loss or gain to a third party, any prejudice to the security of its structures, networks or systems, any prejudice to its competitive position or any interference with its contractual or other negotiations.
The head of the Public Sector Pension Investment Board shall refuse to disclose a record requested under this Part that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential.
The head of the Canada Pension Plan Investment Board shall refuse to disclose a record requested under this Part that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential.
The head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Part if the disclosure would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential.
Operations of Government
The head of a government institution may refuse to disclose any record requested under this Part that contains
advice or recommendations developed by or for a government institution or a minister of the Crown,
an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate,
positions or plans developed for the purpose of negotiations carried on or to be carried on by or on behalf of the Government of Canada and considerations relating thereto, or
plans relating to the management of personnel or the administration of a government institution that have not yet been put into operation,
if the record came into existence less than twenty years prior to the request.
Subsection (1) does not apply in respect of a record that contains
an account of, or a statement of reasons for, a decision that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of a person; or
a report prepared by a consultant or an adviser who was not a director, an officer or an employee of a government institution or a member of the staff of a minister of the Crown at the time the report was prepared.
The head of a government institution may refuse to disclose any record requested under this Part that contains information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted if the disclosure would prejudice the use or results of particular tests or audits.
The head of a government institution may refuse to disclose any record requested under this Part that contains a draft report of an internal audit of a government institution or any related audit working paper if the record came into existence less than fifteen years before the request was made.
However, the head of a government institution shall not refuse under subsection (1) to disclose a draft report of an internal audit of a government institution if a final report of the audit has been published or if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced.
The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act.
Statutory Prohibitions
The head of a government institution shall refuse to disclose any record requested under this Part that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II.
[Repealed]
Notwithstanding any other provision of this Part, where a request is made to a government institution for access to a record that the head of the institution is authorized to refuse to disclose under this Part by reason of information or other material contained in the record, the head of the institution shall disclose any part of the record that does not contain, and can reasonably be severed from any part that contains, any such information or material.
Refusal of Access
The head of a government institution may refuse to disclose any record requested under this Part or any part of a record if the head of the institution believes on reasonable grounds that the material in the record or in part of the record will be published by a government institution, agent of the Government of Canada or minister of the Crown — other than under Part 2 — within 90 days after the request is made or within any further period of time that may be necessary for printing or translating the material for the purpose of printing it.
Third Party Intervention
If the head of a government institution intends to disclose a record requested under this Part that contains or that the head has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party, or information the disclosure of which the head can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the head shall make every reasonable effort to give the third party written notice of the request and of the head’s intention to disclose within 30 days after the request is received.
Any third party to whom a notice is required to be given under subsection (1) in respect of an intended disclosure may waive the requirement, and where the third party has consented to the disclosure the third party shall be deemed to have waived the requirement.
A notice given under subsection (1) shall include
a statement that the head of the government institution giving the notice intends to release a record or a part thereof that might contain material or information described in subsection (1);
a description of the contents of the record or part thereof that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and
a statement that the third party may, within twenty days after the notice is given, make representations to the head of the government institution that has control of the record as to why the record or part thereof should not be disclosed.
The head of a government institution may extend the time limit set out in subsection (1) in respect of a request under this Part where the time limit set out in section 7 is extended under paragraph 9(1)(a) or (b) in respect of the same request, but any extension under this subsection shall be for a period no longer than the period of the extension under section 9.
Where a notice is given by the head of a government institution under subsection 27(1) to a third party in respect of a record or a part thereof,
the third party shall, within twenty days after the notice is given, be given the opportunity to make representations to the head of the institution as to why the record or the part thereof should not be disclosed; and
the head of the institution shall, within thirty days after the notice is given, if the third party has been given an opportunity to make representations under paragraph (a), make a decision as to whether or not to disclose the record or the part thereof and give written notice of the decision to the third party.
Representations made by a third party under paragraph (1)(a) shall be made in writing unless the head of the government institution concerned waives that requirement, in which case they may be made orally.
A notice given under paragraph (1)(b) of a decision to disclose a record requested under this Part or a part thereof shall include
a statement that the third party to whom the notice is given is entitled to request a review of the decision under section 44 within twenty days after the notice is given; and
a statement that the person who requested access to the record will be given access thereto or to the part thereof unless, within twenty days after the notice is given, a review of the decision is requested under section 44.
Where, pursuant to paragraph (1)(b), the head of a government institution decides to disclose a record requested under this Part or a part thereof, the head of the institution shall give the person who made the request access to the record or the part thereof forthwith on completion of twenty days after a notice is given under that paragraph, unless a review of the decision is requested under section 44.
[Repealed]
Complaints
Subject to this Part, the Information Commissioner shall receive and investigate complaints
from persons who have been refused access to a record requested under this Part or a part thereof;
from persons who have been required to pay an amount under section 11 that they consider unreasonable;
from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable;
from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate;
from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate;
in respect of any publication or bulletin referred to in section 5; or
in respect of any other matter relating to requesting or obtaining access to records under this Part.
Nothing in this Part precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.
Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof.
The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion,
the complaint is trivial, frivolous or vexatious or is made in bad faith; or
an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner.
If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to
the complainant, stating the reasons for refusing or ceasing to investigate the complaint;
the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;
any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and
A complaint under this Part shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds for the complaint exist.
Investigations
Before commencing an investigation of a complaint under this Part, the Information Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint.
Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof and receives a notice under section 32 of a complaint in respect of the refusal, the head of the institution shall forthwith advise the Information Commissioner of any third party that the head of the institution has notified under subsection 27(1) in respect of the request or would have notified under that subsection if the head of the institution had intended to disclose the record or part thereof.
Subject to this Part, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Part.
Every investigation of a complaint under this Part by the Information Commissioner shall be conducted in private.
In the course of an investigation of a complaint under this Part by the Information Commissioner, a reasonable opportunity to make representations shall be given to
the person who made the complaint,
the head of the government institution concerned,
a third party if
the Information Commissioner intends to make an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and
the third party can reasonably be located, and
However no one is entitled as of right to be present during, to have access to or to comment on representations made to the Information Commissioner by any other person.
The Information Commissioner has, in relation to the carrying out of the investigation of any complaint under this Part, power
to summon and enforce the appearance of persons before the Information Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record;
to administer oaths;
to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Information Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law;
to enter any premises occupied by any government institution on satisfying any security requirements of the institution relating to the premises;
to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Information Commissioner under this Part as the Commissioner sees fit; and
to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation.
For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.
Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Information Commissioner may, during the investigation of any complaint under this Part, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds.
The Information Commissioner may examine a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the record under section 23.
For greater certainty, the disclosure by the head of a government institution to the Information Commissioner of a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy.
Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, in a prosecution for an offence under section 67, in a review before the Court under this Part or in an appeal from such proceedings, evidence given by a person in proceedings under this Part and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.
Any person summoned to appear before the Information Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.
Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Information Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section.
Orders and Reports
If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made
to disclose the record or a part of the record; and
to reconsider their decision to refuse access to the record or a part of the record.
The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3).
The order may include any condition that the Information Commissioner considers appropriate.
The order takes effect on
the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or
the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report.
For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.
If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner shall consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.
If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention.
The notice must include
a statement that the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1);
a description of the contents of the record or the part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and
a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed.
If, on investigating a complaint under this Part, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution concerned with a report that sets out
the findings of the investigation and any recommendations that the Commissioner considers appropriate;
any order that the Commissioner intends to make; and
the period within which the head of the government institution shall give notice to the Commissioner of the action taken or proposed to be taken to implement the order or recommendations set out in the report or reasons why no such action has been or is proposed to be taken.
The Information Commissioner shall, after investigating a complaint under this Part, provide a report that sets out the results of the investigation and any order or recommendations that he or she makes to
the complainant;
the head of the government institution;
any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and
the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint. However, no report is to be made under this subsection and no order is to be made until the expiry of the time within which the notice referred to in paragraph (1)(c) is to be given to the Information Commissioner.
The Information Commissioner may include in the report referred to in subsection (2) any comments on the matter that he or she thinks fit and shall include in that report
a summary of any notice that he or she receives under paragraph (1)(c);
a statement that if no person applies for a review within the period specified for doing so, any order set out in the report takes effect in accordance with subsection 36.1(4); and
a statement, if applicable, that the Information Commissioner will provide a third party or the Privacy Commissioner with the report.
The Information Commissioner may publish the report referred to in subsection (2).
However, the Information Commissioner is not to publish the report until the expiry of the periods to apply to the Court for a review of a matter that are referred to in section 41.
If the head of a government institution gives notice to the Information Commissioner under paragraph (1)(c) that access to a record or a part of a record will be given to a complainant, the head of the institution shall give the complainant access to the record or the part of the record
on receiving the report under subsection (2) or within any period specified in the Commissioner’s order, if only the complainant and the head of the institution are provided with the report; or
on the expiry of the 40th business day after the day on which the head of the government institution receives the report under subsection (2) or within any period specified in the Commissioner’s order that begins on the expiry of that 40th business day, if a third party or the Privacy Commissioner are also provided with the report, unless a review is applied for under section 41.
For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report.
Reports to Parliament
The Information Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year.
The Information Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 38.
Review by the Federal Court
A person who makes a complaint described in any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day on which the head of the government institution receives the report, apply to the Court for a review of the matter that is the subject of the complaint.
The head of a government institution who receives a report under subsection 37(2) may, within 30 business days after the day on which they receive it, apply to the Court for a review of any matter that is the subject of an order set out in the report.
If neither the person who made the complaint nor the head of the government institution makes an application under this section within the period for doing so, a third party who receives a report under subsection 37(2) may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of the application of any exemption provided for under this Part that may apply to a record that might contain information described in subsection 20(1) and that is the subject of the complaint in respect of which the report is made.
If neither the person who made the complaint nor the head of the institution makes an application under this section within the period for doing so, the Privacy Commissioner, if he or she receives a report under subsection 37(2), may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of any matter in relation to the disclosure of a record that might contain personal information and that is the subject of the complaint in respect of which the report is made.
The person who applies for a review under subsection (1), (3) or (4) may name only the head of the government institution concerned as the respondent to the proceedings. The head of the government institution who applies for a review under subsection (2) may name only the Information Commissioner as the respondent to the proceedings.
For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.
If all of the persons who received the report agree in writing, any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.
If a complainant, a third party or the Privacy Commissioner files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 41(1), they may raise for determination by the Court any matter in respect of which they may make an application under section 41.
If a third party or the Privacy Commissioner raises a matter for determination by the court under subsection (2), the burden of establishing that the disclosure of a record requested under this Part or a part of such a record is not authorized is on the person who raises the matter.
The Information Commissioner may
appear before the Court on behalf of a complainant; or
If the head of a government institution makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the persons who are entitled to be provided a report under subsection 37(2) and on the Information Commissioner. However, if the head of the institution is served with a copy of an originating document under subsection (1), he or she shall, as soon as possible after being served, give written notice of the application to those persons and to the Information Commissioner, unless any of those persons or the Commissioner has already been served with a copy of the document.
Any third party to whom the head of a government institution is required under paragraph 28(1)(b) to give notice of a decision to disclose a record or a part of a record under this Part may, within 20 days after the notice is given, apply to the Court for a review of the matter.
The head of a government institution who has given notice under paragraph 28(1)(b) that a record requested under this Part or a part of such a record will be disclosed shall, on being given notice of an application made under subsection (1) in respect of the disclosure, give written notice of the application to the person who requested access to the record.
Any person who has been given notice of an application for a review under subsection (2) may appear as a party to the review.
An application made under section 41 or 44 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act.
Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41 or 44, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds.
any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or
any information as to whether a record exists where the head of a government institution, in refusing to disclose the record under this Part, does not indicate whether it exists.
The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence.
In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned.
In any proceedings before the Court arising from an application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application.
Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof on the basis of a provision of this Part not referred to in section 50, the Court shall, if it determines that the head of the institution is not authorized to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.
Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.
The Court shall, if it determines that the head of a government institution is authorized to refuse to disclose a record or a part of a record on the basis of a provision of this Part not referred to in section 50 or that the head of the institution has reasonable grounds on which to refuse to disclose a record or a part of a record on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to the matter that is the subject of the proceedings, or shall make any other order that it considers appropriate.
if it determines that the head of the institution is not authorized to make that decision or to take that action, make an order declaring that the head of the institution is required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate; or
if it determines that the head of the institution is authorized to make that decision or to take that action, make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate.
Where the Court determines, after considering an application under section 44, that the head of a government institution is required to refuse to disclose a record or part of a record, the Court shall order the head of the institution not to disclose the record or part thereof or shall make such other order as the Court deems appropriate.
An application under section 41 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.
An application referred to in subsection (1) or an appeal brought in respect of such application shall
be heard in camera; and
on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte.
Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Part shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.
If the Court is of the opinion that an application for review under section 41 has raised an important new principle in relation to this Part, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
Office of the Information Commissioner
Information Commissioner
The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.
Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.
The Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.
In the event of the absence or incapacity of the Information Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.
The Information Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Information Commissioner under this Part or under any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.
The Information Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part or under any other Act of Parliament.
The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Information Commissioner, except that a person appointed as Information Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Information Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
The Information Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Assistant Information Commissioner
The Governor in Council may, on the recommendation of the Information Commissioner, appoint one or more Assistant Information Commissioners.
Subject to this section, an Assistant Information Commissioner holds office during good behaviour for a term not exceeding five years.
An Assistant Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years.
An Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this Part or under any other Act of Parliament as are delegated by the Information Commissioner to that Assistant Information Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.
An Assistant Information Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this Part or under any other Act of Parliament as the Information Commissioner considers reasonable.
The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Information Commissioner.
An Assistant Information Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Staff
Such officers and employees as are necessary to enable the Information Commissioner to perform the duties and functions of the Commissioner under this Part or under any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.
The Information Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Part or under any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Delegation
Subject to subsection (2), the Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Part or under any other Act of Parliament except
in any case other than a delegation to an Assistant Information Commissioner, the power to delegate under this section; and
The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a complaint resulting from a refusal by the head of a government institution to disclose all or part of a record under paragraph 13(1)(a) or (b) or section 15 except to one of eight officers or employees — or one of any greater number of officers or employees fixed by the designated Minister — specifically designated by the Commissioner for the purpose of conducting those investigations.
An Assistant Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Information Commissioner may specify, any of the powers, duties or functions of the Information Commissioner under this Part or under any other Act of Parliament that the Assistant Information Commissioner is authorized by the Information Commissioner to exercise or perform.
General
The principal office of the Information Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.
The Information Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Part or under any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.
Subject to this Part, the Information Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Part.
The Information Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information
that, in the opinion of the Commissioner, is necessary to
carry out an investigation under this Part, or
establish the grounds for findings, recommendations and orders set out in any report under this Part; or
in the course of a prosecution for an offence under this Part, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, a review before the Court under this Part or an appeal therefrom.
The Information Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.
In carrying out an investigation under this Part and in any report published under subsection 37(3.1) or made to Parliament under section 38 or 39, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,
any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or
any information as to whether a record exists where the head of a government institution, in refusing to give access to the record under this Part, does not indicate whether it exists.
The Information Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Part during an investigation, in any proceedings other than a prosecution for an offence under this Part, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, a review before the Court under this Part or an appeal therefrom.
No criminal or civil proceedings lie against the Information Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Part.
For the purposes of any law relating to libel or slander,
anything said, any information supplied or any document or thing produced in good faith in the course of an investigation by or on behalf of the Information Commissioner under this Part is privileged; and
any report made in good faith by the Information Commissioner under this Part and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.
Offences
No person shall obstruct the Information Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Part.
Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.
No person shall, with intent to deny a right of access under this Part,
destroy, mutilate or alter a record;
falsify a record or make a false record;
conceal a record; or
Every person who contravenes subsection (1) is guilty of
an indictable offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding $10,000, or to both; or
an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months or to a fine not exceeding $5,000, or to both.
Exclusions
This Part does not apply to
published material, other than material published under Part 2, or material available for purchase by the public;
library or museum material preserved solely for public reference or exhibition purposes; or
material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.
This Part does not apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities, other than information that relates to its general administration.
This Part does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates to
its general administration; or
its operation of any nuclear facility within the meaning of section 2 of the Nuclear Safety and Control Act that is subject to regulation by the Canadian Nuclear Safety Commission established under section 8 of that Act.
This Part does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,
memoranda the purpose of which is to present proposals or recommendations to Council;
discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;
agenda of Council or records recording deliberations or decisions of Council;
records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;
records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);
draft legislation; and
For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.
Subsection (1) does not apply to
confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or
discussion papers described in paragraph (1)(b)
if the decisions to which the discussion papers relate have been made public, or
where the decisions have not been made public, if four years have passed since the decisions were made.
If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information.
Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information,
all proceedings under this Part in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;
the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.
Designated Minister’s Duties and Functions
Subject to subsection (2), the designated Minister shall
cause to be kept under review the manner in which records under the control of government institutions are maintained and managed to ensure compliance with the provisions of this Part and the regulations relating to access to records;
prescribe any forms that may be required for the operation of this Part and the regulations made under this Part;
cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Part and the regulations made under this Part; and
[Repealed]
cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Part and the regulations relating to access to records and cause to be published on an annual basis a report containing a summary of those statistics.
The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).
Anything that is required to be done by the designated Minister under paragraph (1)(a) or (c) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada.
Regulations
The Governor in Council may make regulations
prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);
prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);
prescribing the procedure to be followed in making and responding to a request for access to a record under this Part;
prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another;
prescribing a fee for the purposes of subsection 11(1);
prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part of a record shall be given;
specifying investigative bodies for the purpose of paragraph 16(1)(a);
specifying classes of investigations for the purpose of paragraph 16(4)(c); and
prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15.
Proactive Publication of Information
Senate, House of Commons and Parliamentary Entities
Interpretation
Senators
Within 90 days after the end of the quarter in which any travel expenses incurred by a Senator are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:
the Senator’s name;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount of the travel expenses.
Within 90 days after the end of the quarter in which any expenses incurred by a Senator for a hospitality activity are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:
the Senator’s name;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 90 days after the end of the quarter in which a contract is entered into by a Senator with respect to Senate business, including a contract for professional, technical or administrative services or expertise, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:
the Senator’s name;
the subject matter of the contract;
the names of the other parties;
the contract period; and
the value of the contract.
Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the Senate shall cause to be published on the Senate’s website the value of the contract as amended.
Members of the House of Commons
Within 90 days after the end of the quarter in which any travel expenses incurred by a member of the House of Commons are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:
the member’s name;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount for all travel expenses.
Within 90 days after the end of the quarter in which any expenses incurred by a member of the House of Commons for a hospitality activity are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:
the member’s name;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 90 days after the end of the quarter in which a contract is entered into by a member of the House of Commons with respect to House of Commons business, including a contract for professional, technical or administrative services or expertise, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:
the member’s name;
the subject matter of the contract;
the names of the other parties;
the contract period; and
the value of the contract.
Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the value of the contract as amended.
Parliamentary Entities
in respect of any administrative unit of the Senate — including a business sector, an operational division or a directorate — the person or committee that the Senate, by its rules or orders, designates;
in respect of the office of the Senate Ethics Officer, the Speaker of the Senate;
in respect of any administrative unit of the House of Commons, the Speaker of the House of Commons;
in respect of the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons;
in respect of the Library of Parliament, the Speaker of the Senate and the Speaker of the House of Commons, jointly;
in respect of the Parliamentary Protective Service, the Speaker of the Senate and the Speaker of the House of Commons, jointly; and
in respect of the office of the Parliamentary Budget Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly.
Within 60 days after the end of the quarter in which any travel expenses incurred by an employee of a parliamentary entity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:
the employee’s name;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount of the travel expenses.
Within 60 days after the end of the quarter in which any expenses incurred by an employee of a parliamentary entity for a hospitality activity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:
the employee’s name;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 60 days after the end of the quarter in which a contract that is in relation to the activities of a parliamentary entity and that has a value of more than $10,000 is entered into, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:
the subject matter of the contract;
the names of the parties;
the contract period; and
the value of the contract.
Within 60 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a parliamentary entity and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the head of the parliamentary entity shall cause to be published on the entity’s website the information referred to in paragraphs (1)(a) to (d) with respect to the contract as amended.
Parliamentary Privilege and Security of Persons, Infrastructure and Goods
The Speaker of the Senate, the Speaker of the House of Commons or the person or committee designated for the purposes of paragraph 71.08(a), as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 71.09 to 71.11 if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines, after receiving the advice of the Parliamentary Protective Service or any administrative unit of the Senate or of the House of Commons, that the publication could compromise the security of persons, infrastructure or goods in the parliamentary precinct, as defined in section 79.51 of the Parliament of Canada Act.
A determination by the Speaker of the Senate, the Speaker of the House of Commons or a delegate of either Speaker that a publication may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament.
Ministers
minister includes the Prime Minister and any Minister of State or Associate Minister. (ministre)
ministerial adviser has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (conseiller ministériel)
ministerial staff has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (personnel ministériel)
quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)
[Repealed]
The Prime Minister shall cause to be published in electronic form any letter or revised letter in which he or she establishes the mandate of any other minister within 30 days after the issuance of the letter or revised letter.
A minister shall cause to be published in electronic form
within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;
within 30 days after the end of the month in which any memorandum prepared by a government institution for the minister is received by his or her office, the title and reference number of each memorandum that is received;
within 30 days after the last sitting day of the House of Commons in June and December or, respectively, no later than July 31 or January 31 if the House of Commons is not sitting in June or December, the package of question period notes that were prepared by a government institution for the minister and that were in use on the last sitting day of the month in question; and
within 120 days after the minister’s appearance before a committee of Parliament, the package of briefing materials that is prepared by a government institution for the minister for the purpose of that appearance.
Within 30 days after the end of the month in which any travel expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff are reimbursed, the minister shall cause to be published in electronic form the following information:
the name of the minister, the ministerial adviser or the ministerial staff member, as applicable;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount of the travel expenses.
Within 30 days after the end of the month in which any expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff for a hospitality activity are reimbursed, the minister shall cause to be published in electronic form the following information:
the name of the minister, the ministerial adviser or the ministerial staff member, as applicable;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, a minister shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff if the value of the contract is more than $10,000:
the subject matter of the contract;
the names of the parties;
the contract period;
the value of the contract; and
the reference number assigned to the contract, if any.
Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the value of the contract as amended.
Within 120 days after the end of each fiscal year, a minister shall cause to be published in electronic form a report of all expenses that were incurred by his or her office and were paid out of the Consolidated Revenue Fund during that fiscal year.
A minister is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.
Government Institutions
government entity means a government institution that is
a department named in Schedule I to the Financial Administration Act,
a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, or
a corporation named in Schedule II to that Act. (entité fédérale)
quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)
senior officer or employee means, in respect of a government institution, any person who exercises the powers or performs the duties and functions of a deputy minister, an associate deputy minister, an assistant deputy minister, a deputy head, an assistant deputy head, a president, a vice-president, a chief executive officer or a member of a board of directors, and any person who holds a position of an equivalent rank. (dirigeant ou employé)
Within 30 days after the end of the month in which any travel expenses incurred by a senior officer or employee of a government institution are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:
the senior officer’s or employee’s name, as applicable;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses:
transportation,
lodging,
meals and any incidental expenses, and
other expenses;
the total amount of the travel expenses; and
any other information that, in accordance with Treasury Board policies, must be published.
Within 30 days after the end of the month in which any expenses incurred by a senior officer or employee of a government institution for a hospitality activity are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:
the senior officer’s or employee’s name, as applicable;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity;
the total amount of the expenses for the hospitality activity; and
any other information that, in accordance with Treasury Board policies, must be published.
Within 30 days after the day on which it is tabled, the head of a government institution shall cause to be published in electronic form any report of the government institution respecting its activities that, under an Act of Parliament, must be tabled in the Senate or the House of Commons.
Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the Financial Administration Act or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information:
the organizational unit in question;
the number and title of the reclassified position;
the previous classification and the new classification;
the purpose of the reclassification;
the effective date of the reclassification; and
any other information that, in accordance with Treasury Board policies, must be published.
Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, the head of a government entity shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the government entity if the value of the contract is more than $10,000:
the subject matter of the contract;
the names of the parties;
the contract period;
the value of the contract;
the reference number assigned to the contract, if any; and
any other information that, in accordance with Treasury Board policies, must be published.
Within 30 days after the end of the quarter in which a contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the contract as amended.
Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the value of the contract as amended.
Within 30 days after the end of the quarter in which an agreement or arrangement is entered into with respect to a grant or contribution that is in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of more than $25,000, the head of the government entity shall cause to be published in electronic form the following information:
the names of the parties;
the municipality, province and country where the recipient resides or, in the case of a corporation or organization, where its head office is located or where it carries on business;
the purpose of the grant or contribution;
the date of the agreement or arrangement;
the value of the grant or contribution; and
any other information that, in accordance with Treasury Board policies, must be published.
Within 30 days after the end of the quarter in which an agreement or arrangement — that was entered into in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of $25,000 or less — is amended so that the value of the grant or contribution exceeds $25,000, the head of the entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the amended agreement or arrangement.
Within 30 days after the end of the quarter in which an agreement or arrangement referred to in subsection (1) or (2) is amended so that the value of the grant or contribution is increased or decreased, the head of the government entity shall cause to be published in electronic form the value of the grant or contribution as amended.
The head of a government entity shall cause to be published in electronic form
within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;
within 30 days after the end of the month in which any memorandum prepared for the deputy head or the person is received by his or her office, the title and reference number of each memorandum that is received; and
within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance.
The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 82, 83 and 85 to 88. If directives and guidelines are established, the designated Minister shall cause them to be distributed to government institutions.
A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.
A head of a government institution shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.
Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs
Interpretation
Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef)
Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire)
quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre)
Registrar means the Registrar of the Supreme Court of Canada. (registraire)
Office of the Registrar of the Supreme Court of Canada
Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint)
Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême)
Supreme Court means the Supreme Court of Canada. (Cour suprême)
Within 30 days after the end of the quarter in which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information:
the Registrar’s or Deputy Registrar’s name, as applicable;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount of the travel expenses.
Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information:
the Registrar’s or Deputy Registrar’s name, as applicable;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information:
the subject matter of the contract;
the names of the parties;
the contract period;
the value of the contract; and
the reference number assigned to the contract, if any.
Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of the Supreme Court is reimbursed under subsection 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information:
the total amount of the incidental expenditures reimbursed;
the number of judges to whom a reimbursement was made;
a detailed description of each class of incidental expenditures reimbursed;
the number of judges who received a reimbursement for each class of incidental expenditures; and
the applicable guidelines.
Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information:
the total amount of the expenses reimbursed;
the number of judges to whom a reimbursement was made;
a detailed description of each class of expenses reimbursed;
the number of judges who received a reimbursement for each class of expenses; and
the applicable guidelines.
Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information:
the total amount of the expenses reimbursed;
the number of judges to whom a reimbursement was made;
a detailed description of each class of expenses reimbursed;
the number of judges who received a reimbursement for each class of expenses; and
the applicable guidelines.
Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information:
the total amount of the expenses reimbursed;
the number of judges to whom a reimbursement was made;
a detailed description of each class of expenses reimbursed;
a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and
the applicable guidelines.
Courts Administration Service
Within 30 days after the end of the quarter in which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:
the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount of the travel expenses.
Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:
the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information:
the subject matter of the contract;
the names of the parties;
the contract period;
the value of the contract; and
the reference number assigned to the contract, if any.
Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Office of the Commissioner for Federal Judicial Affairs
judge means a judge of a superior court other than the Supreme Court of Canada. (juge)
Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau)
Within 30 days after the end of the quarter in which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information:
the Commissioner’s or Deputy Commissioner’s name, as applicable;
the purpose of the travel;
the dates of the travel;
the places visited;
the total cost for each of the following classes of expenses:
transportation,
lodging,
meals and any incidental expenses, and
other expenses; and
the total amount of the travel expenses.
Within 30 days after the end of the quarter in which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information:
the Commissioner’s or Deputy Commissioner’s name, as applicable;
the purpose of the hospitality activity;
the date of the hospitality activity;
the municipality in which the hospitality activity took place;
the name of any commercial establishment or vendor involved in the hospitality activity;
the number of persons who attended the hospitality activity; and
the total amount of the expenses for the hospitality activity.
Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information:
the subject matter of the contract;
the names of the parties;
the contract period;
the value of the contract; and
the reference number assigned to the contract, if any.
Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.
Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information:
the name of the court;
the total amount of the incidental expenditures reimbursed for that court;
the number of judges to whom a reimbursement was made;
a detailed description of each class of incidental expenditures reimbursed;
the number of judges who received a reimbursement for each class of incidental expenditures; and
the applicable guidelines.
Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information:
the total amount of the expenses reimbursed;
the number of judges to whom a reimbursement was made;
a detailed description of each class of expenses reimbursed;
the number of judges who received a reimbursement for each class of expenses; and
the applicable guidelines.
Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information:
the name of the court;
the total amount of the expenses reimbursed for that court;
the number of judges to whom a reimbursement was made;
a detailed description of each class of expenses reimbursed;
the number of judges who received a reimbursement for each class of expenses; and
the applicable guidelines.
Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information:
the name of the court;
the total amount of the expenses reimbursed for that court;
the number of judges to whom a reimbursement was made;
a detailed description of each class of expenses reimbursed;
a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and
the applicable guidelines.
Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council
The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.
the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or
the publication could compromise the security of persons, infrastructure or goods.
A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final.
General
The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1.
Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.
General
The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.
The designated Minister shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken and shall cause a report to be laid before each House of Parliament.
After the report is laid before both Houses, it shall be referred to the committee designated or established by Parliament for the purpose of section 99.
Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.
Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.
The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses.
The designated Minister shall prescribe the form of, and what information is to be included in, the reports prepared under subsection (1).
The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.
The head of a government institution may, for the purposes of subsection 96(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.
A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.
A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.
The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement.
The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.
The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.
The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution.
Despite any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record under Part 1, for any consequences that flow from that disclosure, or for the failure to give any notice required under Part 1 if reasonable care is taken to give the required notice.
Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication.
The administration of this Act shall be reviewed on a permanent basis by any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose.
A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend.
This Act is binding on Her Majesty in right of Canada.
The Governor in Council may make regulations prescribing criteria for adding, under paragraph (2)(a), the name of a body or office to Schedule I.
The Governor in Council may, by order,
add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada;
replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and
delete from Schedule I the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.
Departments and Ministries of State Department for Women and Gender Equality Ministère des Femmes et de l’Égalité des genres Department of Agriculture and Agri-Food Ministère de l’Agriculture et de l’Agroalimentaire Department of Canadian Heritage Ministère du Patrimoine canadien Department of Citizenship and Immigration Ministère de la Citoyenneté et de l’Immigration Department of Crown-Indigenous Relations and Northern Affairs Ministère des Relations Couronne-Autochtones et des Affaires du Nord Department of Employment and Social Development Ministère de l’Emploi et du Développement social Department of the Environment Ministère de l’Environnement Department of Finance Ministère des Finances Department of Fisheries and Oceans Ministère des Pêches et des Océans Department of Foreign Affairs, Trade and Development Ministère des Affaires étrangères, du Commerce et du Développement Department of Health Ministère de la Santé Department of Housing, Infrastructure and Communities Ministère du Logement, de l’Infrastructure et des Collectivités Department of Indigenous Services Ministère des Services aux Autochtones Department of Industry Ministère de l’Industrie Department of Justice Ministère de la Justice Department of National Defence Ministère de la Défense nationale Department of Natural Resources Ministère des Ressources naturelles Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile Department of Public Works and Government Services Ministère des Travaux publics et des Services gouvernementaux Department of Transport Ministère des Transports Department of Veterans Affairs Ministère des Anciens Combattants Department of Western Economic Diversification Ministère de la Diversification de l’économie de l’Ouest canadien Other Government Institutions Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs Asia-Pacific Foundation of Canada Fondation Asie-Pacifique du Canada Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique Belledune Port Authority Administration portuaire de Belledune British Columbia Treaty Commission Commission des traités de la Colombie-Britannique Canada Border Services Agency Agence des services frontaliers du Canada Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions Canada Employment Insurance Commission Commission de l’assurance-emploi du Canada Canada Foundation for Innovation Fondation canadienne pour l’innovation Canada Foundation for Sustainable Development Technology Fondation du Canada pour l’appui technologique au développement durable Canada–Newfoundland and Labrador Offshore Energy Regulator Régie Canada — Terre-Neuve-et-Labrador de l’énergie extracôtière Canada–Nova Scotia Offshore Energy Regulator Régie Canada — Nouvelle-Écosse de l’énergie extracôtière Canada Revenue Agency Agence du revenu du Canada Canada School of Public Service École de la fonction publique du Canada Canada Water Agency Agence canadienne de l’eau Canadian Accessibility Standards Development Organization Organisation canadienne d’élaboration de normes d’accessibilité Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail Canadian Energy Regulator Régie canadienne de l’énergie Canadian Food Inspection Agency Agence canadienne d’inspection des aliments Canadian Forces Forces canadiennes Canadian Grain Commission Commission canadienne des grains Canadian High Arctic Research Station Station canadienne de recherche dans l’Extrême-Arctique Canadian Human Rights Commission Commission canadienne des droits de la personne Canadian Institutes of Health Research Instituts de recherche en santé du Canada Canadian Museum for Human Rights Musée canadien des droits de la personne Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21 Canadian Northern Economic Development Agency Agence canadienne de développement économique du Nord Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes Canadian Security Intelligence Service Service canadien du renseignement de sécurité Canadian Space Agency Agence spatiale canadienne Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports Canadian Transportation Agency Office des transports du Canada Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada College of Immigration and Citizenship Consultants Collège des consultants en immigration et en citoyenneté College of Patent Agents and Trademark Agents Collège des agents de brevets et des agents de marques de commerce Communications Security Establishment Centre de la sécurité des télécommunications Copyright Board Commission du droit d’auteur Correctional Service of Canada Service correctionnel du Canada Director of Soldier Settlement Directeur de l’établissement de soldats The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattants Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec Energy Supplies Allocation Board Office de répartition des approvisionnements d’énergie Federal Economic Development Agency for Northern Ontario Agence fédérale de développement économique pour le Nord de l’Ontario Federal Economic Development Agency for Southern Ontario Agence fédérale de développement économique pour le Sud de l’Ontario Federal Public Service Health Care Plan Administration Authority Administration du Régime de soins de santé de la fonction publiquefédérale Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada First Nations Financial Management Board Conseil de gestion financière des premières nations First Nations Infrastructure Institute Institut des infrastructures des premières nations First Nations Tax Commission Commission de la fiscalité des premières nations Gwich’in Land and Water Board Office gwich’in des terres et des eaux Gwich’in Land Use Planning Board Office gwich’in d’aménagement territorial Halifax Port Authority Administration portuaire de Halifax Hamilton-Oshawa Port Authority Administration portuaire Hamilton-Oshawa Historic Sites and Monuments Board of Canada Commission des lieux et monuments historiques du Canada Immigration and Refugee Board Commission de l’immigration et du statut de réfugié Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact Invest in Canada Hub Investir au Canada Law Commission of Canada Commission du droit du Canada Library and Archives of Canada Bibliothèque et Archives du Canada Mackenzie Valley Environmental Impact Review Board Office d’examen des répercussions environnementales de la vallée du Mackenzie Mackenzie Valley Land and Water Board Office des terres et des eaux de la vallée du Mackenzie Military Grievances External Review Committee Comité externe d’examen des griefs militaires Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire Miscarriage of Justice Review Commission Commission d’examen des erreurs du système judiciaire Montreal Port Authority Administration portuaire de Montréal Nanaimo Port Authority Administration portuaire de Nanaïmo The National Battlefields Commission Commission des champs de bataille nationaux National Farm Products Council Conseil national des produits agricoles National Film Board Office national du film National Research Council of Canada Conseil national de recherches du Canada Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement Northern Pipeline Agency Administration du pipe-line du Nord Nunavut Impact Review Board Commission du Nunavut chargée de l’examen des répercussions Nunavut Planning Commission Commission d’aménagement du Nunavut Nunavut Surface Rights Tribunal Tribunal des droits de surface du Nunavut Nunavut Water Board Office des eaux du Nunavut Office of the Administrator of the Fund for Railway Accidents Involving Designated Goods Bureau de l’administrateur de la Caisse d’indemnisation pour les accidents ferroviaires impliquant des marchandises désignées Office of the Administrator of the Ship-source Oil Pollution Fund Bureau de l’administrateur de la Caisse d’indemnisation des dommages dus à la pollution par les hydrocarbures causée par les navires Office of the Auditor General of Canada Bureau du vérificateur général du Canada Office of the Chief Electoral Officer Bureau du directeur général des élections Office of the Commissioner of Lobbying Commissariat au lobbying Office of the Commissioner of Official Languages Commissariat aux langues officielles Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada Office of the Director of Public Prosecutions Bureau du directeur des poursuites pénales Office of the Information Commissioner Commissariat à l’information Office of the Intelligence Commissioner Bureau du commissaire au renseignement Office of the Privacy Commissioner Commissariat à la protection de la vie privée Office of the Public Sector Integrity Commissioner Commissariat à l’intégrité du secteur public Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières Pacific Economic Development Agency of Canada Agence de développement économique du Pacifique Canada Parks Canada Agency Agence Parcs Canada Parole Board of Canada Commission des libérations conditionnelles du Canada Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés The Pierre Elliott Trudeau Foundation La Fondation Pierre-Elliott-Trudeau Port Alberni Port Authority Administration portuaire de Port-Alberni Prince Rupert Port Authority Administration portuaire de Prince-Rupert Privy Council Office Bureau du Conseil privé Public Health Agency of Canada Agence de la santé publique du Canada Public Service Commission Commission de la fonction publique Quebec Port Authority Administration portuaire de Québec Regional Development Incentives Board Conseil des subventions au développement régional Royal Canadian Mounted Police Gendarmerie royale du Canada Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada Saguenay Port Authority Administration portuaire du Saguenay Sahtu Land and Water Board Office des terres et des eaux du Sahtu Sahtu Land Use Planning Board Office d’aménagement territorial du Sahtu Saint John Port Authority Administration portuaire de Saint-Jean Secretariat of the National Security and Intelligence Committee of Parliamentarians Secrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement Sept-Îles Port Authority Administration portuaire de Sept-Îles Shared Services Canada Services partagés Canada Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines Statistics Canada Statistique Canada Statute Revision Commission Commission de révision des lois St. John’s Port Authority Administration portuaire de St. John’s Thunder Bay Port Authority Administration portuaire de Thunder Bay Toronto Port Authority Administration portuaire de Toronto Treasury Board Secretariat Secrétariat du Conseil du Trésor Trois-Rivières Port Authority Administration portuaire de Trois-Rivières Vancouver Fraser Port Authority Administration portuaire de Vancouver Fraser Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel) Windsor Port Authority Administration portuaire de Windsor Yukon Environmental and Socio-economic Assessment Board Office d’évaluation environnementale et socioéconomique du Yukon Yukon Surface Rights Board Office des droits de surface du Yukon
Government Institutions
Act Provision Aeronautics Act Loi sur l’aéronautique subsection 4.79(1), section 5.32 and subsections 6.5(5), 22(2) and 24.2(4) Anti-Inflation Act, S.C. 1974-75-76, c. 75 Loi anti-inflation, S.C. 1974-75-76, ch. 75 section 14 Broadcasting Act Loi sur la radiodiffusion subsection 25.3(2) Business Development Bank of Canada Act Loi sur la Banque de développement du Canada section 37 Canada Business Corporations Act Loi canadienne sur les sociétés par actions subsection 266.1(1) Canada Deposit Insurance Corporation Act Loi sur la Société d’assurance-dépôts du Canada subsection 45.3(1) Canada Development Investment Corporation Act Loi sur la Corporation de développement des investissements du Canada section 21 Canada Elections Act Loi électorale du Canada section 540 Canada Infrastructure Bank Act Loi sur la Banque de l’infrastructure du Canada section 28 Canada Labour Code Code canadien du travail subsection 144(3) Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act Loi de mise en oeuvre de l’Accord atlantique Canada — Terre-Neuve-et-Labrador et sur la gestion de l’énergie renouvelable extracôtière section 119 and subsection 205.086(1) Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act, S.C. 1988, c. 28 Loi de mise en œuvre de l’Accord Canada — Nouvelle-Écosse sur les hydrocarbures extracôtiers et sur la gestion de l’énergie renouvelable extracôtière, L.C. 1988, ch. 28 section 122 and subsection 210.087(1) Canada-Nova Scotia Oil and Gas Agreement Act, S.C. 1984, c. 29 Loi sur l’Accord entre le Canada et la Nouvelle-Écosse sur la gestion des ressources pétrolières et gazières, S.C. 1984, ch. 29 section 53 Canada Petroleum Resources Act Loi fédérale sur les hydrocarbures section 101 Canada Transportation Act Loi sur les transports au Canada subsection 51(1) and section 167 Canadian Energy Regulator Act Loi sur la Régie canadienne de l’énergie subsections 58(1) and (2), 113(2) and 114(4) Canadian Human Rights Act Loi canadienne sur les droits de la personne subsection 47(3) Canadian International Trade Tribunal Act Loi sur le Tribunal canadien du commerce extérieur sections 45 and 49 Canadian Navigable Waters Act Loi sur les eaux navigables canadiennes subsections 26.2(1) and (2) Canadian Ownership and Control Determination Act Loi sur la détermination de la participation et du contrôle canadiens section 17 Canadian Security Intelligence Service Act Loi sur le Service canadien du renseignement de sécurité sections 18 and 18.1 Canadian Transportation Accident Investigation and Safety Board Act Loi sur le Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports subsections 28(2) and 31(4) Competition Act Loi sur la concurrence subsections 29(1), 29.1(5) and 29.2(5) Consumer-Driven Banking Act Loi sur les services bancaires axés sur les consommateurs sections 131 and 132 Corporations and Labour Unions Returns Act Loi sur les déclarations des personnes morales et des syndicats section 18 Criminal Code Code criminel sections 187, 193 and 487.3 Criminal Records Act Loi sur le casier judiciaire subsection 6(2) and section 9 Customs Act Loi sur les douanes sections 107 and 107.1 Defence Production Act Loi sur la production de défense section 30 Department of Industry Act Loi sur le ministère de l’Industrie subsection 16(2) DNA Identification Act Loi sur l’identification par les empreintes génétiques section 6.6 Energy Administration Act Loi sur l’administration de l’énergie section 98 Energy Efficiency Act Loi sur l’efficacité énergétique section 23 Energy Monitoring Act Loi sur la surveillance du secteur énergétique section 33 Energy Supplies Emergency Act Loi d’urgence sur les approvisionnements d’énergie section 40.1 Excise Act, 2001 Loi de 2001 sur l’accise section 211 Excise Tax Act Loi sur la taxe d’accise section 295 Export Development Act Loi sur le développement des exportations section 24.3 Family Allowances Act Loi sur les allocations familiales section 18 Fisheries Act Loi sur les pêches subsections 61.2(1) and (2) Global Minimum Tax Act Loi sur l’impôt minimum mondial section 121 Greenhouse Gas Pollution Pricing Act Loi sur la tarification de la pollution causée par les gaz à effet de serre section 107 and subsection 255(3) Hazardous Products Act Loi sur les produits dangereux section 12 High Speed-Rail Network Act Loi sur le réseau ferroviaire à grande vitesse subsections 25(1) and (2) Impact Assessment Act Loi sur l’évaluation d’impact section 30, subsections 53(4) and (5), section 57 and subsections 119(1) and (2) and 141(4) Income Tax Act Loi de l’impôt sur le revenu section 241 Industrial Design Act Loi sur les dessins industriels subsections 8.3(2) and (5) Industrial Research and Development Incentives Act, R.S.C. 1970, c. I-10 Loi stimulant la recherche et le développement scientifiques, S.R.C. 1970, ch. I-10 section 13 Investment Canada Act Loi sur Investissement Canada section 36 Mackenzie Valley Resource Management Act Loi sur la gestion des ressources de la vallée du Mackenzie paragraph 30(1)(b) Marine Transportation Security Act Loi sur la sûreté du transport maritime subsection 13(1) Motor Vehicle Fuel Consumption Standards Act Loi sur les normes de consommation de carburant des véhicules automobiles subsection 27(1) Nuclear Safety and Control Act Loi sur la sûreté et la réglementation nucléaires paragraphs 44(1)(d) and 48(b) Online News Act Loi sur les nouvelles en ligne subsections 55(2) and 58(4) Parliament of Canada Act Loi sur le Parlement du Canada subsection 79.21(9) Patent Act Loi sur les brevets section 10, subsection 20(7), and sections 87 and 88 Personal Information Protection and Electronic Documents Act Loi sur la protection des renseignements personnels et les documents électroniques subsection 20(1.1) Petroleum Incentives Program Act Loi sur le programme d’encouragement du secteur pétrolier section 17 Proceeds of Crime (Money Laundering) and Terrorist Financing Act Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes subsection 9.11(1) and paragraphs 55(1)(a), (d) and (e) Railway Safety Act Loi sur la sécurité ferroviaire subsection 39.2(1) Royal Canadian Mounted Police Act Loi sur la Gendarmerie royale du Canada subsection 45.47(1) Select Luxury Items Tax Act Loi sur la taxe sur certains biens de luxe section 91 Sex Offender Information Registration Act Loi sur l’enregistrement de renseignements sur les délinquants sexuels subsections 9(3) and 16(4) Shipping Conferences Exemption Act, 1987 Loi dérogatoire de 1987 sur les conférences maritimes section 11 Softwood Lumber Products Export Charge Act, 2006 Loi de 2006 sur les droits d’exportation de produits de bois d’oeuvre section 84 Special Import Measures Act Loi sur les mesures spéciales d’importation section 84 Specific Claims Tribunal Act Loi sur le Tribunal des revendications particulières subsections 27(2) and 38(2) Statistics Act Loi sur la statistique section 17 Telecommunications Act Loi sur les télécommunications subsections 39(2) and 70(4) Transportation of Dangerous Goods Act, 1992 Loi de 1992 sur le transport des marchandises dangereuses subsection 24(4) Underused Housing Tax Act Loi sur la taxe sur les logements sous-utilisés section 32 Witness Protection Program Act Loi sur le Programme de protection des témoins section 11 Yukon Environmental and Socio-economic Assessment Act Loi sur l’évaluation environnementale et socioéconomique au Yukon paragraph 121(a) Yukon Quartz Mining Act Loi sur l’extraction du quartz dans le Yukon subsection 100(16)