An Act to extend the present laws of Canada that provide access to information under the control of the Government of CanadaAccess to Information ActAccess to Information201304
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A-1SHORT TITLE
Short titleThis Act may be cited as the Access to Information Act.
  • 1980-81-82-83, c. 111, Sch. I “1”.
PURPOSE OF ACT
PurposeThe purpose of this Act is to extend 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.Complementary proceduresThis Act is 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.
  • 1980-81-82-83, c. 111, Sch. I “2”;
  • 1984, c. 40, s. 79(F).
INTERPRETATION
DefinitionsIn this Act,alternative formatsupport de substitutionalternative format, with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record;CourtCourCourt means the Federal Court;designated Ministerministre désignédesignated Minister means a person who is designated as the Minister under subsection 3.2(1);foreign stateÉtat étrangerforeign state means any state other than Canada;government institutioninstitution fédéralegovernment institution meansany department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, andany parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act;headresponsable d’institution fédéralehead, in respect of a government institution, meansin 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, orin 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;Information CommissionerCommissaire à l’informationInformation Commissioner means the Commissioner appointed under section 54;recorddocumentrecord means any documentary material, regardless of medium or form;sensory disabilitydéficience sensoriellesensory disability means a disability that relates to sight or hearing;third partytiersthird party, in respect of a request for access to a record under this Act, means any person, group of persons or organization other than the person that made the request or a government institution.
  • R.S., 1985, c. A-1, s. 3;
  • 1992, c. 21, s. 1;
  • 2002, c. 8, s. 183;
  • 2006, c. 9, s. 141.
Previous Version
For greater certaintyFor 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 certaintyFor greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.
  • 2006, c. 9, s. 142.
For greater certaintyFor 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.
  • 2006, c. 9, s. 142.
DESIGNATION
Power to designate MinisterThe 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.Power to designate headThe 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.
  • 2006, c. 9, s. 142.
ACCESS TO GOVERNMENT RECORDSRight of Access
Right to access to recordsSubject to this Act, but notwithstanding any other Act of Parliament, every person who isa Canadian citizen, ora 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.Extension of right by orderThe 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.Responsibility of government institutionsThe 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.Records produced from machine readable recordsFor the purposes of this Act, any record requested under this Act 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.
  • R.S., 1985, c. A-1, s. 4;
  • 1992, c. 1, s. 144(F);
  • 2001, c. 27, s. 202;
  • 2006, c. 9, s. 143.
Previous Version
Information about Government Institutions
Publication on government institutionsThe designated Minister shall cause to be published, on a periodic basis not less frequently than once each year, a publication containinga 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 Act;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; andthe title and address of the appropriate officer for each government institution to whom requests for access to records under this Act should be sent.BulletinThe 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.Descriptions in publication and bulletinsAny 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 Act.Publication and bulletin to be made availableThe designated Minister shall cause the publication referred to in subsection (1) and the bulletin referred to in subsection (2) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access thereto.
  • 1980-81-82-83, c. 111, Sch. I “5”.
Requests for Access
Request for access to recordA request for access to a record under this Act 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 with a reasonable effort to identify the record.
  • 1980-81-82-83, c. 111, Sch. I “6”.
Notice where access requestedWhere access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8, 9 and 11, within thirty days after the request is received,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; andif access is to be given, give the person who made the request access to the record or part thereof.
  • 1980-81-82-83, c. 111, Sch. I “7”.
Transfer of requestWhere a government institution receives a request for access to a record under this Act 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.Deeming provisionFor the purposes of section 7, where a request is transferred under subsection (1), the request shall be deemed to have been made to the government institution to which it was transferred on the day the government institution to which the request was originally made received it.Meaning of greater interestFor the purpose of subsection (1), a government institution has a greater interest in a record ifthe record was originally produced in or for the institution; orin 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.
  • 1980-81-82-83, c. 111, Sch. I “8”.
Extension of time limitsThe head of a government institution may extend the time limit set out in section 7 or subsection 8(1) in respect of a request under this Act for a reasonable period of time, having regard to the circumstances, ifthe 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, ornotice 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.Notice of extension to Information CommissionerWhere 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).
  • 1980-81-82-83, c. 111, Sch. I “9”.
Where access is refusedWhere the head of a government institution refuses to give access to a record requested under this Act 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, orthe specific provision of this Act 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.Existence of a record not required to be disclosedThe head of a government institution may but is not required to indicate under subsection (1) whether a record exists.Deemed refusal to give accessWhere the head of a government institution fails to give access to a record requested under this Act or a part thereof within the time limits set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access.
  • 1980-81-82-83, c. 111, Sch. I “10”.
FeesSubject to this section, a person who makes a request for access to a record under this Act may be required to payat the time the request is made, such application fee, not exceeding twenty-five dollars, as may be prescribed by regulation;before any copies are made, such fee as may be prescribed by regulation reflecting the cost of reproduction calculated in the manner prescribed by regulation; andbefore the record is converted into an alternative format or any copies are made in that format, such fee as may be prescribed by regulation reflecting the cost of the medium in which the alternative format is produced.Additional paymentThe head of a government institution to which a request for access to a record is made under this Act may require, in addition to the fee payable under paragraph (1)(a), payment of an amount, calculated in the manner prescribed by regulation, for every hour in excess of five hours that is reasonably required to search for the record or prepare any part of it for disclosure, and may require that the payment be made before access to the record is given.Where a record is produced from a machine readable recordWhere a record requested under this Act is produced as a result of the request from a machine readable record under the control of a government institution, the head of the institution may require payment of an amount calculated in the manner prescribed by regulation.DepositWhere the head of a government institution requires payment of an amount under subsection (2) or (3) in respect of a request for a record, the head of the institution may require that a reasonable proportion of that amount be paid as a deposit before the search or production of the record is undertaken or the part of the record is prepared for disclosure.NoticeWhere the head of a government institution requires a person to pay an amount under this section, the head of the institution shallgive written notice to the person of the amount required; andstate in the notice that the person has a right to make a complaint to the Information Commissioner about the amount required.WaiverThe head of a government institution to which a request for access to a record is made under this Act may waive the requirement to pay a fee or other amount or a part thereof under this section or may refund a fee or other amount or a part thereof paid under this section.
  • R.S., 1985, c. A-1, s. 11;
  • 1992, c. 21, s. 2.
Access
Access to recordA person who is given access to a record or a part thereof under this Act shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof.Language of accessWhere access to a record or a part thereof is to be given under this Act 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 languageforthwith, if the record or part thereof already exists under the control of a government institution in that language; orwithin 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.Access to record in alternative formatWhere access to a record or a part thereof is to be given under this Act 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 formatforthwith, 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; orwithin 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 Act and considers it reasonable to cause that record or part thereof to be converted.
  • R.S., 1985, c. A-1, s. 12;
  • R.S., 1985, c. 31 (4th Supp.), s. 100(E);
  • 1992, c. 21, s. 3.
EXEMPTIONSResponsibilities of Government
Information obtained in confidenceSubject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained in confidence fromthe 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; oran aboriginal government.Where disclosure authorizedThe head of a government institution may disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtainedconsents to the disclosure; ormakes the information public.Definition of aboriginal governmentThe expression aboriginal government in paragraph (1)(e) meansNisga’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 Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act; ora Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act.
  • R.S., 1985, c. A-1, s. 13;
  • 2000, c. 7, s. 21;
  • 2004, c. 17, s. 16;
  • 2005, c. 1, ss. 97, 107, c. 27, ss. 16, 22;
  • 2006, c. 10, s. 32;
  • 2008, c. 32, s. 26;
  • 2009, c. 18, s. 20.
Previous Version
Federal-provincial affairsThe head of a government institution may refuse to disclose any record requested under this Act 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 informationon federal-provincial consultations or deliberations; oron strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial affairs.
  • 1980-81-82-83, c. 111, Sch. I “14”.
International affairs and defenceThe head of a government institution may refuse to disclose any record requested under this Act 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 informationrelating 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 tothe defence of Canada or any state allied or associated with Canada, orthe 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 methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (d) or (e) or on sources of such information;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; orrelating to the communications or cryptographic systems of Canada or foreign states usedfor the conduct of international affairs,for the defence of Canada or any state allied or associated with Canada, orin relation to the detection, prevention or suppression of subversive or hostile activities.DefinitionsIn this section,defence of Canada or any state allied or associated with Canadadéfense du Canada ou d’États alliés ou associés avec le Canadadefence 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;subversive or hostile activitiesactivités hostiles ou subversivessubversive or hostile activities meansespionage 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, andactivities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada.
  • 1980-81-82-83, c. 111, Sch. I “15”.
Law enforcement and investigationsThe head of a government institution may refuse to disclose any record requested under this Act that containsinformation 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 tothe detection, prevention or suppression of crime,the enforcement of any law of Canada or a province, oractivities 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 informationrelating to the existence or nature of a particular investigation,that would reveal the identity of a confidential source of information, orthat was obtained or prepared in the course of an investigation; orinformation the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.SecurityThe head of a government institution may refuse to disclose any record requested under this Act 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 informationon criminal methods or techniques;that is technical information relating to weapons or potential weapons; oron 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.Policing services for provinces or municipalitiesThe head of a government institution shall refuse to disclose any record requested under this Act 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.Definition of investigationFor the purposes of paragraphs (1)(b) and (c), investigation means an investigation thatpertains to the administration or enforcement of an Act of Parliament;is authorized by or pursuant to an Act of Parliament; oris within a class of investigations specified in the regulations.
  • 1980-81-82-83, c. 111, Sch. I “16”;
  • 1984, c. 21, s. 70.
Records relating to investigations, examinations and auditsThe following heads of government institutions shall refuse to disclose any record requested under this Act 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; andthe Privacy Commissioner.ExceptionHowever, 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.
  • 2006, c. 9, s. 144.
Records relating to investigationsThe Commissioner of Lobbying shall refuse to disclose any record requested under this Act 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.ExceptionHowever, 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.
  • 2006, c. 9, s. 89.
Investigations, examinations and reviews under the Canada Elections ActSubject to section 541 of the Canada Elections Act, the Chief Electoral Officer may refuse to disclose any record requested under this Act 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.
  • 2006, c. 9, s. 145.
Public Sector Integrity CommissionerThe Public Sector Integrity Commissioner shall refuse to disclose any record requested under this Act that contains informationobtained 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; orreceived by a conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that Act.ExceptionSubsection (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.
  • 2005, c. 46, s. 55;
  • 2006, c. 9, s. 221.
Public Servants Disclosure Protection ActThe head of a government institution shall refuse to disclose any record requested under this Act 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.
  • 2005, c. 46, s. 55;
  • 2006, c. 9, s. 221.
Safety of individualsThe head of a government institution may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals.
  • 1980-81-82-83, c. 111, Sch. I “17”.
Economic interests of CanadaThe head of a government institution may refuse to disclose any record requested under this Act that containstrade 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; orinformation 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 tothe 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, ora contemplated sale or acquisition of land or property.
  • R.S., 1985, c. A-1, s. 18;
  • 2006, c. 9, s. 146.
Previous Version
Economic interests of certain government institutionsThe head of a government institution may refuse to disclose a record requested under this Act 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; orVIA Rail Canada Inc.ExceptionsHowever, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates tothe general administration of an institution referred to in any of paragraphs (1)(a) to (d); orany activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.
  • 2006, c. 9, s. 147.
Personal Information
Personal informationSubject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains personal information as defined in section 3 of the Privacy Act.Where disclosure authorizedThe head of a government institution may disclose any record requested under this Act that contains personal information ifthe individual to whom it relates consents to the disclosure;the information is publicly available; orthe disclosure is in accordance with section 8 of the Privacy Act.
  • 1980-81-82-83, c. 111, Sch. I “19”.
Third Party Information
Third party informationSubject to this section, the head of a government institution shall refuse to disclose any record requested under this Act that containstrade 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; orinformation the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.Product or environmental testingThe 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.Methods used in testingWhere the head of a government institution discloses a record requested under this Act, 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.Preliminary testingFor 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.Disclosure if a supplier consentsThe 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.Disclosure authorized if in public interestThe head of a government institution may disclose all or part of a record requested under this Act that contains information described in any of paragraphs (1)(b) to (d) ifthe disclosure would be in the public interest as it relates to public health, public safety or protection of the environment; andthe 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.
  • R.S., 1985, c. A-1, s. 20;
  • 2007, c. 15, s. 8.
Previous Version
Public Sector Pension Investment BoardThe head of the Public Sector Pension Investment Board shall refuse to disclose a record requested under this Act 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.
  • 2006, c. 9, s. 148.
Canada Pension Plan Investment BoardThe head of the Canada Pension Plan Investment Board shall refuse to disclose a record requested under this Act 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.
  • 2006, c. 9, s. 148.
National Arts Centre CorporationThe head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Act 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.
  • 2006, c. 9, s. 148.
Operations of Government
Advice, etc.The head of a government institution may refuse to disclose any record requested under this Act that containsadvice 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, orplans 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.Exercise of a discretionary power or an adjudicative functionSubsection (1) does not apply in respect of a record that containsan 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; ora 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.
  • R.S., 1985, c. A-1, s. 21;
  • 2006, c. 9, s. 149.
Previous Version
Testing procedures, tests and auditsThe head of a government institution may refuse to disclose any record requested under this Act 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.
  • 1980-81-82-83, c. 111, Sch. I “22”.
Internal auditsThe head of a government institution may refuse to disclose any record requested under this Act 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.ExceptionHowever, 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.
  • 2006, c. 9, s. 150.
Solicitor-client privilegeThe head of a government institution may refuse to disclose any record requested under this Act that contains information that is subject to solicitor-client privilege.
  • 1980-81-82-83, c. 111, Sch. I “23”.
Statutory Prohibitions
Statutory prohibitions against disclosureThe head of a government institution shall refuse to disclose any record requested under this Act that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II.Review of statutory prohibitions by Parliamentary committeeSuch committee as may be designated or established under section 75 shall review every provision set out in Schedule II and shall, not later than July 1, 1986 or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting, cause a report to be laid before Parliament on whether and to what extent the provisions are necessary.
  • 1980-81-82-83, c. 111, Sch. I “24”.
SeverabilityNotwithstanding any other provision of this Act, 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 Act 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.
  • 1980-81-82-83, c. 111, Sch. I “25”.
Refusal of Access
Refusal of access where information to be publishedThe head of a government institution may refuse to disclose any record requested under this Act or any part thereof if the head of the institution believes on reasonable grounds that the material in the record or part thereof will be published by a government institution, agent of the Government of Canada or minister of the Crown within ninety days after the request is made or within such further period of time as may be necessary for printing or translating the material for the purpose of printing it.
  • 1980-81-82-83, c. 111, Sch. I “26”.
THIRD PARTY INTERVENTION
Notice to third partiesIf the head of a government institution intends to disclose a record requested under this Act 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.Waiver of noticeAny 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.Contents of noticeA notice given under subsection (1) shall includea 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; anda 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.Extension of time limitThe head of a government institution may extend the time limit set out in subsection (1) in respect of a request under this Act 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.
  • R.S., 1985, c. A-1, s. 27;
  • 2007, c. 15, s. 9.
Previous Version
Representations of third party and decisionWhere 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; andthe 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 to be made in writingRepresentations 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.Contents of notice of decision to discloseA notice given under paragraph (1)(b) of a decision to disclose a record requested under this Act or a part thereof shall includea 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; anda 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.Disclosure of recordWhere, pursuant to paragraph (1)(b), the head of a government institution decides to disclose a record requested under this Act 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.
  • 1980-81-82-83, c. 111, Sch. I “28”.
Where the Information Commissioner recommends disclosureWhere the head of a government institution decides, on the recommendation of the Information Commissioner made pursuant to subsection 37(1), to disclose a record requested under this Act or a part thereof, the head of the institution shall give written notice of the decision tothe person who requested access to the record; andany 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 at the time of the request intended to disclose the record or part thereof.Contents of noticeA notice given under subsection (1) shall includea statement that any third party referred to in paragraph (1)(b) is entitled to request a review of the decision under section 44 within twenty days after the notice is given; anda statement that the person who requested access to the record will be given access thereto unless, within twenty days after the notice is given, a review of the decision is requested under section 44.
  • 1980-81-82-83, c. 111, Sch. I “29”.
COMPLAINTS
Receipt and investigation of complaintsSubject to this Act, the Information Commissioner shall receive and investigate complaintsfrom persons who have been refused access to a record requested under this Act 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; orin respect of any other matter relating to requesting or obtaining access to records under this Act.Complaints submitted on behalf of complainantsNothing in this Act 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.Information Commissioner may initiate complaintWhere the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Act, the Commissioner may initiate a complaint in respect thereof.
  • R.S., 1985, c. A-1, s. 30;
  • 1992, c. 21, s. 4.
Written complaintA complaint under this Act 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.
  • R.S., 1985, c. A-1, s. 31;
  • 2006, c. 9, s. 151.
Previous Version
INVESTIGATIONS
Notice of intention to investigateBefore commencing an investigation of a complaint under this Act, 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.
  • 1980-81-82-83, c. 111, Sch. I “32”.
Notice to third partiesWhere the head of a government institution refuses to disclose a record requested under this Act 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.
  • 1980-81-82-83, c. 111, Sch. I “33”.
Regulation of procedureSubject to this Act, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Act.
  • 1980-81-82-83, c. 111, Sch. I “34”.
Investigations in privateEvery investigation of a complaint under this Act by the Information Commissioner shall be conducted in private.Right to make representationsIn the course of an investigation of a complaint under this Act by the Information Commissioner, a reasonable opportunity to make representations shall be given tothe person who made the complaint,the head of the government institution concerned, anda third party ifthe Information Commissioner intends to recommend the disclosure under subsection 37(1) of all or part of a record that contains — or that the Information 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 Information Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, andthe third party can reasonably be located.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.
  • R.S., 1985, c. A-1, s. 35;
  • 2006, c. 9, s. 152(F);
  • 2007, c. 15, ss. 10, 12(F).
Previous Version
Powers of Information Commissioner in carrying out investigationsThe Information Commissioner has, in relation to the carrying out of the investigation of any complaint under this Act, powerto 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 Act as the Commissioner sees fit; andto 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.Access to recordsNotwithstanding any other Act of Parliament or any privilege under the law of evidence, the Information Commissioner may, during the investigation of any complaint under this Act, examine any record to which this Act applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds.Evidence in other proceedingsExcept 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 Act, in a prosecution for an offence under section 67, in a review before the Court under this Act or in an appeal from such proceedings, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.Witness feesAny 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.Return of documents, etc.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.
  • R.S., 1985, c. A-1, s. 36;
  • R.S., 1985, c. 27 (1st Supp.), s. 187;
  • 2006, c. 9, s. 153.
Previous Version
Findings and recommendations of Information CommissionerIf, on investigating a complaint in respect of a record under this Act, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution that has control of the record with a report containingthe findings of the investigation and any recommendations that the Commissioner considers appropriate; andwhere appropriate, a request that, within a time specified in the report, notice be given to the Commissioner of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken.Report to complainant and third partiesThe Information Commissioner shall, after investigating a complaint under this Act, report to the complainant and any third party that was entitled under subsection 35(2) to make and that made representations to the Commissioner in respect of the complaint the results of the investigation, but where a notice has been requested under paragraph (1)(b) no report shall be made under this subsection until the expiration of the time within which the notice is to be given to the Commissioner.Matter to be included in report to complainantWhere a notice has been requested under paragraph (1)(b) but no such notice is received by the Commissioner within the time specified therefor or the action described in the notice is, in the opinion of the Commissioner, inadequate or inappropriate or will not be taken in a reasonable time, the Commissioner shall so advise the complainant in his report under subsection (2) and may include in the report such comments on the matter as he thinks fit.Access to be givenWhere, pursuant to a request under paragraph (1)(b), the head of a government institution gives notice to the Information Commissioner that access to a record or a part thereof will be given to a complainant, the head of the institution shall give the complainant access to the record or part thereofforthwith on giving the notice if no notice is given to a third party under paragraph 29(1)(b) in the matter; orforthwith on completion of twenty days after notice is given to a third party under paragraph 29(1)(b), if that notice is given, unless a review of the matter is requested under section 44.Right of reviewWhere, following the investigation of a complaint relating to a refusal to give access to a record requested under this Act or a part thereof, the head of a government institution does not give notice to the Information Commissioner that access to the record will be given, the Information Commissioner shall inform the complainant that the complainant has the right to apply to the Court for a review of the matter investigated.
  • 1980-81-82-83, c. 111, Sch. I “37”.
REPORTS TO PARLIAMENT
Annual reportThe 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.
  • 1980-81-82-83, c. 111, Sch. I “38”.
Special reportsThe 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.Where investigation madeAny report made pursuant to subsection (1) that relates to an investigation under this Act shall be made only after the procedures set out in section 37 have been followed in respect of the investigation.
  • 1980-81-82-83, c. 111, Sch. I “39”.
Transmission of reportsEvery report to Parliament made by the Information Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.Reference to Parliamentary committeeEvery report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).
  • 1980-81-82-83, c. 111, Sch. I “40”.
REVIEW BY THE FEDERAL COURT
Review by Federal CourtAny person who has been refused access to a record requested under this Act or a part thereof may, if a complaint has been made to the Information Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Information Commissioner are reported to the complainant under subsection 37(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow.
  • 1980-81-82-83, c. 111, Sch. I “41”.
Information Commissioner may apply or appearThe Information Commissioner mayapply to the Court, within the time limits prescribed by section 41, for a review of any refusal to disclose a record requested under this Act or a part thereof in respect of which an investigation has been carried out by the Information Commissioner, if the Commissioner has the consent of the person who requested access to the record;appear before the Court on behalf of any person who has applied for a review under section 41; orwith leave of the Court, appear as a party to any review applied for under section 41 or 44.Applicant may appear as partyWhere the Information Commissioner makes an application under paragraph (1)(a) for a review of a refusal to disclose a record requested under this Act or a part thereof, the person who requested access to the record may appear as a party to the review.
  • 1980-81-82-83, c. 111, Sch. I “42”.
Notice to third partiesThe head of a government institution who has refused to give access to a record requested under this Act or a part thereof shall forthwith on being given notice of any application made under section 41 or 42 give written notice of the application to 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.Third party may appear as partyAny third party that has been given notice of an application for a review under subsection (1) may appear as a party to the review.
  • R.S., 1985, c. A-1, s. 43;
  • 1992, c. 1, s. 144(F).
Third party may apply for a reviewAny third party to whom the head of a government institution is required under paragraph 28(1)(b) or subsection 29(1) to give a notice of a decision to disclose a record or a part thereof under this Act may, within twenty days after the notice is given, apply to the Court for a review of the matter.Notice to person who requested recordThe head of a government institution who has given notice under paragraph 28(1)(b) or subsection 29(1) that a record requested under this Act or a part thereof will be disclosed shall forthwith 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.Person who requested access may appear as partyAny person who has been given notice of an application for a review under subsection (2) may appear as a party to the review.
  • R.S., 1985, c. A-1, s. 44;
  • R.S., 1985, c. 1 (4th Supp.), s. 45(F).
Hearing in summary wayAn application made under section 41, 42 or 44 shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act.
  • R.S., 1985, c. A-1, s. 45;
  • 2002, c. 8, s. 182.
Previous Version
Access to recordsNotwithstanding any other Act of Parliament or any privilege under the law of evidence, the Court may, in the course of any proceedings before the Court arising from an application under section 41, 42 or 44, examine any record to which this Act applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds.
  • 1980-81-82-83, c. 111, Sch. I “46”.
Court to take precautions against disclosingIn any proceedings before the Court arising from an application under section 41, 42 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person ofany 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 Act; orany information as to whether a record exists where the head of a government institution, in refusing to disclose the record under this Act, does not indicate whether it exists.Disclosure of offence authorizedThe 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.
  • R.S., 1985, c. A-1, s. 47;
  • 2006, c. 9, s. 154.
Previous Version
Burden of proofIn any proceedings before the Court arising from an application under section 41 or 42, the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Act or a part thereof shall be on the government institution concerned.
  • 1980-81-82-83, c. 111, Sch. I “48”.
Order of Court where no authorization to refuse disclosure foundWhere the head of a government institution refuses to disclose a record requested under this Act or a part thereof on the basis of a provision of this Act 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.
  • 1980-81-82-83, c. 111, Sch. I “49”.
Order of Court where reasonable grounds of injury not foundWhere the head of a government institution refuses to disclose a record requested under this Act 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.
  • 1980-81-82-83, c. 111, Sch. I “50”.
Order of Court not to disclose recordWhere 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.
  • 1980-81-82-83, c. 111, Sch. I “51”.
Applications relating to international affairs or defenceAn application under section 41 or 42 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.Special rules for hearingsAn application referred to in subsection (1) or an appeal brought in respect of such application shallbe 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.Ex parte representations 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.
  • R.S., 1985, c. A-1, s. 52;
  • 2002, c. 8, s. 112.
Previous Version
CostsSubject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.IdemWhere the Court is of the opinion that an application for review under section 41 or 42 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
  • 1980-81-82-83, c. 111, Sch. I “53”.
OFFICE OF THE INFORMATION COMMISSIONERInformation Commissioner
AppointmentThe Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.TenureSubject 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.Further termsThe 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.Interim appointmentIn 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.
  • R.S., 1985, c. A-1, s. 54;
  • 2006, c. 9, s. 109.
Previous Version
Rank, powers and duties generallyThe 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 or 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.Salary and expensesThe 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 or any other Act of Parliament.Pension benefitsThe 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.Other benefitsThe 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.
  • R.S., 1985, c. A-1, s. 55;
  • 2002, c. 8, s. 113;
  • 2003, c. 22, ss. 224(E), 225(E).
Previous Version
Assistant Information Commissioner
Appointment of Assistant Information CommissionerThe Governor in Council may, on the recommendation of the Information Commissioner, appoint one or more Assistant Information Commissioners.Tenure of office and removal of Assistant Information CommissionerSubject to this section, an Assistant Information Commissioner holds office during good behaviour for a term not exceeding five years.Further termsAn 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.
  • 1980-81-82-83, c. 111, Sch. I “56”.
Duties generallyAn Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this or 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.Salary and expensesAn 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 or any other Act of Parliament as the Information Commissioner considers reasonable.Pension benefitsThe provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Information Commissioner.Other benefitsAn 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.
  • R.S., 1985, c. A-1, s. 57;
  • 2003, c. 22, s. 224(E).
Previous Version
Staff
Staff of the Information CommissionerSuch officers and employees as are necessary to enable the Information Commissioner to perform the duties and functions of the Commissioner under this or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.Technical assistanceThe 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 or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
  • R.S., 1985, c. A-1, s. 58;
  • 2006, c. 9, s. 155(F).
Previous Version
Delegation
Delegation by Information CommissionerSubject 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 or any other Act of Parliament exceptin any case other than a delegation to an Assistant Information Commissioner, the power to delegate under this section; andin any case, the powers, duties or functions set out in sections 38 and 39.Investigations relating to international affairs and defenceThe 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.Delegation by Assistant Information CommissionerAn 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 or any other Act of Parliament that the Assistant Information Commissioner is authorized by the Information Commissioner to exercise or perform.
  • R.S., 1985, c. A-1, s. 59;
  • 2006, c. 9, s. 156.
Previous Version
General
Principal officeThe principal office of the Information Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.
  • 1980-81-82-83, c. 111, Sch. I “60”.
Security requirementsThe 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 or 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.
  • 1980-81-82-83, c. 111, Sch. I “61”.
ConfidentialitySubject to this Act, 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 Act.
  • 1980-81-82-83, c. 111, Sch. I “62”.
Disclosure authorizedThe Information Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose informationthat, in the opinion of the Commissioner, is necessary tocarry out an investigation under this Act, orestablish the grounds for findings and recommendations contained in any report under this Act; orin the course of a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal therefrom.Disclosure of offence authorizedThe 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.
  • R.S., 1985, c. A-1, s. 63;
  • R.S., 1985, c. 27 (1st Supp.), s. 187;
  • 2006, c. 9, s. 157.
Previous Version
Information not to be disclosedIn carrying out an investigation under this Act and in any report 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 Act; orany information as to whether a record exists where the head of a government institution, in refusing to give access to the record under this Act, does not indicate whether it exists.
  • 1980-81-82-83, c. 111, Sch. I “64”.
No summonsThe 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 Act during an investigation, in any proceedings other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal therefrom.
  • R.S., 1985, c. A-1, s. 65;
  • R.S., 1985, c. 27 (1st Supp.), s. 187.
Protection of Information CommissionerNo 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 Act.Libel or slanderFor 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 Act is privileged; andany report made in good faith by the Information Commissioner under this Act 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.
  • 1980-81-82-83, c. 111, Sch. I “66”.
OFFENCES
ObstructionNo 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 Act.Offence and punishmentEvery person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.
  • 1980-81-82-83, c. 111, Sch. I “67”.
Obstructing right of accessNo person shall, with intent to deny a right of access under this Act,destroy, mutilate or alter a record;falsify a record or make a false record;conceal a record; ordirect, propose, counsel or cause any person in any manner to do anything mentioned in any of paragraphs (a) to (c).Offence and punishmentEvery person who contravenes subsection (1) is guilty ofan indictable offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding $10,000, or to both; oran 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.
  • 1999, c. 16, s. 1.
EXCLUSIONS
Act does not apply to certain materialsThis Act does not apply topublished material or material available for purchase by the public;library or museum material preserved solely for public reference or exhibition purposes; ormaterial placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, 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.
  • R.S., 1985, c. A-1, s. 68;
  • R.S., 1985, c. 1 (3rd Supp.), s. 12;
  • 1990, c. 3, s. 32;
  • 1992, c. 1, s. 143(E);
  • 2004, c. 11, s. 22;
  • 2008, c. 9, s. 5;
  • 2010, c. 7, s. 5.
Previous Version
Canadian Broadcasting CorporationThis Act 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.
  • 2006, c. 9, s. 159.
Atomic Energy of Canada LimitedThis Act does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates toits general administration; orits 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.
  • 2006, c. 9, s. 159.
Confidences of the Queen’s Privy Council for CanadaThis Act 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; andrecords that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).Definition of CouncilFor 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.ExceptionSubsection (1) does not apply toconfidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; ordiscussion papers described in paragraph (1)(b)if the decisions to which the discussion papers relate have been made public, orwhere the decisions have not been made public, if four years have passed since the decisions were made.
  • R.S., 1985, c. A-1, s. 69;
  • 1992, c. 1, s. 144(F).
Certificate under Canada Evidence ActWhere a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.Certificate following filing of complaintNotwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Act in relation to a request for access to that information,all proceedings under this Act 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; andthe 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.
  • 2001, c. 41, s. 87.
GENERAL
Duties and functions of designated MinisterSubject to subsection (2), the designated Minister shallcause 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 Act and the regulations relating to access to records;prescribe such forms as may be required for the operation of this Act and the regulations;cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Act and the regulations;cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Act and the regulations relating to access; andprescribe the form of, and what information is to be included in, reports made to Parliament under section 72.Duties and functions of designated MinisterThe designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).Exception for Bank of CanadaAnything 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.
  • R.S., 1985, c. A-1, s. 70;
  • 2006, c. 9, s. 161.
Previous Version
Manuals may be inspected by publicThe head of every government institution shall, not later than July 1, 1985, provide facilities at the headquarters of the institution and at such offices of the institution as are reasonably practicable where the public may inspect any manuals used by employees of the institution in administering or carrying out programs or activities of the institution that affect the public.Exempt information may be excludedAny 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 Act may be excluded from any manuals that may be inspected by the public pursuant to subsection (1).
  • 1980-81-82-83, c. 111, Sch. I “71”.
Report to ParliamentThe head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year.Tabling of reportEvery report prepared under subsection (1) shall be laid before each House of Parliament within three months after the financial year in respect of which it is made or, if that House is not then sitting, on any of the first fifteen days next thereafter that it is sitting.Reference to Parliamentary committeeEvery report prepared under subsection (1) shall, after it is laid before the Senate and the House of Commons under subsection (2), be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).
  • 1980-81-82-83, c. 111, Sch. I “72”.
Report of expensesThe head of a department or a ministry of state of the Government of Canada shall publish an annual report of all expenses incurred by his or her office and paid out of the Consolidated Revenue Fund.
  • 2006, c. 9, s. 162.
Delegation by the head of a government institutionThe head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.
  • 1980-81-82-83, c. 111, Sch. I “73”.
Protection from civil proceeding or from prosecutionNotwithstanding 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 pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Act if reasonable care is taken to give the required notice.
  • 1980-81-82-83, c. 111, Sch. I “74”.
Permanent review of Act by Parliamentary committeeThe administration of this Act shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.Review and report to ParliamentThe committee designated or established by Parliament for the purpose of subsection (1) shall, not later than July 1, 1986, undertake a comprehensive review of the provisions and operation of this Act, and shall within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.
  • 1980-81-82-83, c. 111, Sch. I “75”.
Binding on CrownThis Act is binding on Her Majesty in right of Canada.
  • 1980-81-82-83, c. 111, Sch. I “76”.
RegulationsThe Governor in Council may make regulationsprescribing 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 Act;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 purpose of paragraph 11(1)(a) and the manner of calculating fees or amounts payable for the purposes of paragraphs 11(1)(b) and (c) and subsections 11(2) and (3);prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part thereof 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);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; andprescribing criteria for adding a body or office to Schedule I.Additions to Schedule IThe Governor in Council may, by order, amend Schedule I by adding thereto any department, ministry of state, body or office of the Government of Canada.
  • R.S., 1985, c. A-1, s. 77;
  • 1992, c. 21, s. 5;
  • 2006, c. 9, s. 163.
Previous Version
(Section 3)GOVERNMENT INSTITUTIONSDEPARTMENTS AND MINISTRIES OF STATEDepartment of Agriculture and Agri-FoodMinistère de l’Agriculture et de l’AgroalimentaireDepartment of Canadian HeritageMinistère du Patrimoine canadienDepartment of Citizenship and ImmigrationMinistère de la Citoyenneté et de l’ImmigrationDepartment of the EnvironmentMinistère de l’EnvironnementDepartment of FinanceMinistère des FinancesDepartment of Fisheries and OceansMinistère des Pêches et des OcéansDepartment of Foreign Affairs and International TradeMinistère des Affaires étrangères et du Commerce internationalDepartment of HealthMinistère de la SantéDepartment of Human Resources and Skills DevelopmentMinistère des Ressources humaines et du Développement des compétencesDepartment of Indian Affairs and Northern DevelopmentMinistère des Affaires indiennes et du Nord canadienDepartment of IndustryMinistère de l’IndustrieDepartment of JusticeMinistère de la JusticeDepartment of National DefenceMinistère de la Défense nationaleDepartment of Natural ResourcesMinistère des Ressources naturellesDepartment of Public Safety and Emergency PreparednessMinistère de la Sécurité publique et de la Protection civileDepartment of Public Works and Government ServicesMinistère des Travaux publics et des Services gouvernementauxDepartment of TransportMinistère des TransportsDepartment of Veterans AffairsMinistère des Anciens CombattantsDepartment of Western Economic DiversificationMinistère de la Diversification de l’économie de l’Ouest canadienOTHER GOVERNMENT INSTITUTIONSAsia-Pacific Foundation of CanadaFondation Asie-Pacifique du CanadaAtlantic Canada Opportunities AgencyAgence de promotion économique du Canada atlantiqueBelledune Port AuthorityAdministration portuaire de BelleduneBritish Columbia Treaty CommissionCommission des traités de la Colombie-BritanniqueCanada Border Services AgencyAgence des services frontaliers du CanadaCanada Emission Reduction Incentives AgencyAgence canadienne pour l’incitation à la réduction des émissionsCanada Employment Insurance CommissionCommission de l’assurance-emploi du CanadaCanada Foundation for InnovationFondation canadienne pour l’innovationCanada Foundation for Sustainable Development TechnologyFondation du Canada pour l’appui technologique au développement durableCanada Industrial Relations BoardConseil canadien des relations industriellesCanada-Newfoundland Offshore Petroleum BoardOffice Canada — Terre-Neuve des hydrocarbures extracôtiersCanada-Nova Scotia Offshore Petroleum BoardOffice Canada — Nouvelle-Écosse des hydrocarbures extracôtiersCanada Revenue AgencyAgence du revenu du CanadaCanada School of Public ServiceÉcole de la fonction publique du CanadaCanadian Advisory Council on the Status of WomenConseil consultatif canadien de la situation de la femmeCanadian Centre for Occupational Health and SafetyCentre canadien d’hygiène et de sécurité au travailCanadian Cultural Property Export Review BoardCommission canadienne d’examen des exportations de biens culturelsCanadian Environmental Assessment AgencyAgence canadienne d’évaluation environnementaleCanadian Food Inspection AgencyAgence canadienne d’inspection des alimentsCanadian ForcesForces canadiennesCanadian Forces Grievance BoardComité des griefs des Forces canadiennesCanadian Government Specifications BoardOffice des normes du gouvernement canadienCanadian Grain CommissionCommission canadienne des grainsCanadian Human Rights CommissionCommission canadienne des droits de la personneCanadian Human Rights TribunalTribunal canadien des droits de la personneCanadian Institutes of Health ResearchInstituts de recherche en santé du CanadaCanadian International Development AgencyAgence canadienne de développement internationalCanadian International Trade TribunalTribunal canadien du commerce extérieurCanadian Museum for Human RightsMusée canadien des droits de la personneCanadian Museum of Immigration at Pier 21Musée canadien de l’immigration du Quai 21Canadian Northern Economic Development AgencyAgence canadienne de développement économique du NordCanadian Nuclear Safety CommissionCommission canadienne de sûreté nucléaireCanadian Polar CommissionCommission canadienne des affaires polairesCanadian Radio-television and Telecommunications CommissionConseil de la radiodiffusion et des télécommunications canadiennesCanadian Security Intelligence ServiceService canadien du renseignement de sécuritéCanadian Space AgencyAgence spatiale canadienneCanadian Transportation Accident Investigation and Safety BoardBureau canadien d’enquête sur les accidents de transport et de la sécurité des transportsCanadian Transportation AgencyOffice des transports du CanadaCanadian Wheat BoardCommission canadienne du bléCommunications Security EstablishmentCentre de la sécurité des télécommunicationsCopyright BoardCommission du droit d’auteurCorporation for the Mitigation of Mackenzie Gas Project ImpactsSociété d’atténuation des répercussions du projet gazier MackenzieCorrectional Service of CanadaService correctionnel du CanadaDirector of Soldier SettlementDirecteur de l’établissement de soldatsThe Director, The Veterans’ Land ActDirecteur des terres destinées aux anciens combattantsEconomic Development Agency of Canada for the Regions of QuebecAgence de développement économique du Canada pour les régions du QuébecEnergy Supplies Allocation BoardOffice de répartition des approvisionnements d’énergieFederal Economic Development Agency for Southern OntarioAgence fédérale de développement économique pour le Sud de l’OntarioFederal-Provincial Relations OfficeSecrétariat des relations fédérales-provincialesFederal Public Service Health Care Plan Administration AuthorityAdministration du Régime de soins de santé de la fonction publiquefédéraleFinancial Consumer Agency of CanadaAgence de la consommation en matière financière du CanadaFinancial Transactions and Reports Analysis Centre of CanadaCentre d’analyse des opérations et déclarations financières du CanadaFirst Nations Financial Management BoardConseil de gestion financière des premières nationsFirst Nations Tax CommissionCommission de la fiscalité des premières nationsFraser River Port AuthorityAdministration portuaire du fleuve FraserGrain Transportation Agency AdministratorAdministrateur de l’Office du transport du grainGwich’in Land and Water BoardOffice gwich’in des terres et des eauxGwich’in Land Use Planning BoardOffice gwich’in d’aménagement territorialHalifax Port AuthorityAdministration portuaire de HalifaxHamilton Port AuthorityAdministration portuaire de HamiltonHistoric Sites and Monuments Board of CanadaCommission des lieux et monuments historiques du CanadaImmigration and Refugee BoardCommission de l’immigration et du statut de réfugiéIndian Residential Schools Truth and Reconciliation CommissionCommission de vérité et de réconciliation relative aux pensionnats indiensIndian Residential Schools Truth and Reconciliation Commission SecretariatSecrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiensLaw Commission of CanadaCommission du droit du CanadaLibrary and Archives of CanadaBibliothèque et Archives du CanadaMackenzie Valley Environmental Impact Review BoardOffice d’examen des répercussions environnementales de la vallée du MackenzieMackenzie Valley Land and Water BoardOffice des terres et des eaux de la vallée du MackenzieMerchant Seamen Compensation BoardCommission d’indemnisation des marins marchandsMilitary Police Complaints CommissionCommission d’examen des plaintes concernant la police militaireMontreal Port AuthorityAdministration portuaire de MontréalNanaimo Port AuthorityAdministration portuaire de NanaïmoThe National Battlefields CommissionCommission des champs de bataille nationauxNational Energy BoardOffice national de l’énergieNational Farm Products CouncilConseil national des produits agricolesNational Film BoardOffice national du filmNational Research Council of CanadaConseil national de recherches du CanadaNatural Sciences and Engineering Research CouncilConseil de recherches en sciences naturelles et en génieNorthern Pipeline AgencyAdministration du pipe-line du NordNorth Fraser Port AuthorityAdministration portuaire du North-FraserNorthwest Territories Water BoardOffice des eaux des Territoires du Nord-OuestNunavut Surface Rights TribunalTribunal des droits de surface du NunavutNunavut Water BoardOffice des eaux du NunavutOffice of Infrastructure of CanadaBureau de l’infrastructure du CanadaOffice of Privatization and Regulatory AffairsBureau de privatisation et des affaires réglementairesOffice of the Administrator of the Ship-source Oil Pollution FundBureau de l’administrateur de la Caisse d’indemnisation des dommages dus à la pollution par les hydrocarbures causée par les naviresOffice of the Auditor General of CanadaBureau du vérificateur général du CanadaOffice of the Chief Electoral OfficerBureau du directeur général des électionsOffice of the Commissioner of LobbyingCommissariat au lobbyingOffice of the Commissioner of Official LanguagesCommissariat aux langues officiellesOffice of the Comptroller GeneralBureau du contrôleur généralOffice of the Co-ordinator, Status of WomenBureau de la coordonnatrice de la situation de la femmeOffice of the Correctional Investigator of CanadaBureau de l’enquêteur correctionnel du CanadaOffice of the Director of Public ProsecutionsBureau du directeur des poursuites pénalesOffice of the Information CommissionerCommissariat à l’informationOffice of the Privacy CommissionerCommissariat à la protection de la vie privéeOffice of the Public Sector Integrity CommissionerCommissariat à l’intégrité du secteur publicOffice of the Superintendent of Financial InstitutionsBureau du surintendant des institutions financièresParks Canada AgencyAgence Parcs CanadaParole Board of CanadaCommission des libérations conditionnelles du CanadaPatented Medicine Prices Review BoardConseil d’examen du prix des médicaments brevetésPension Appeals BoardCommission d’appel des pensionsPetroleum Compensation BoardOffice des indemnisations pétrolièresThe Pierre Elliott Trudeau FoundationLa Fondation Pierre-Elliott-TrudeauPort Alberni Port AuthorityAdministration portuaire de Port-AlberniPrairie Farm Rehabilitation AdministrationAdministration du rétablissement agricole des PrairiesPrince Rupert Port AuthorityAdministration portuaire de Prince-RupertPrivy Council OfficeBureau du Conseil privéPublic Health Agency of CanadaAgence de la santé publique du CanadaPublic Service CommissionCommission de la fonction publiquePublic Service Labour Relations BoardCommission des relations de travail dans la fonction publiquePublic Service Staffing TribunalTribunal de la dotation de la fonction publiqueQuebec Port AuthorityAdministration portuaire de QuébecRegional Development Incentives BoardConseil des subventions au développement régionalRegistry of the Public Servants Disclosure Protection TribunalGreffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensiblesRoyal Canadian Mounted PoliceGendarmerie royale du CanadaRoyal Canadian Mounted Police External Review CommitteeComité externe d’examen de la Gendarmerie royale du CanadaRoyal Canadian Mounted Police Public Complaints CommissionCommission des plaintes du public contre la Gendarmerie royale du CanadaSaguenay Port AuthorityAdministration portuaire du SaguenaySahtu Land and Water BoardOffice des terres et des eaux du SahtuSahtu Land Use Planning BoardOffice d’aménagement territorial du SahtuSaint John Port AuthorityAdministration portuaire de Saint-JeanSecurity Intelligence Review CommitteeComité de surveillance des activités de renseignement de sécuritéSept-Îles Port AuthorityAdministration portuaire de Sept-ÎlesShared Services CanadaServices partagés CanadaSocial Sciences and Humanities Research CouncilConseil de recherches en sciences humainesSpecific Claims TribunalTribunal des revendications particulièresStatistics CanadaStatistique CanadaStatute Revision CommissionCommission de révision des loisSt. John’s Port AuthorityAdministration portuaire de St. John’sThunder Bay Port AuthorityAdministration portuaire de Thunder BayToronto Port AuthorityAdministration portuaire de TorontoTreasury Board SecretariatSecrétariat du Conseil du TrésorTrois-Rivières Port AuthorityAdministration portuaire de Trois-RivièresVancouver Port AuthorityAdministration portuaire de VancouverVeterans Review and Appeal BoardTribunal des anciens combattants (révision et appel)Windsor Port AuthorityAdministration portuaire de WindsorYukon Environmental and Socio-economic Assessment BoardOffice d’évaluation environnementale et socioéconomique du YukonYukon Surface Rights BoardOffice des droits de surface du Yukon
  • R.S., 1985, c. A-1, Sch. I;
  • R.S., 1985, c. 22 (1st Supp.), s. 11, c. 44 (1st Supp.), s. 1, c. 46 (1st Supp.), s. 6;
  • SOR/85-613;
  • R.S., 1985, c. 8 (2nd Supp.), s. 26, c. 19 (2nd Supp.), s. 46;
  • SOR/86-137;
  • R.S., 1985, c. 1 (3rd Supp.), s. 12, c. 3 (3rd Supp.), s. 1, c. 18 (3rd Supp.), s. 27, c. 20 (3rd Supp.), s. 39, c. 24 (3rd Supp.), s. 52, c. 28 (3rd Supp.), s. 274, c. 1 (4th Supp.), s. 46, c. 7 (4th Supp.), s. 2, c. 10 (4th Supp.), s. 19, c. 11 (4th Supp.), s. 13, c. 21 (4th Supp.), s. 1, c. 28 (4th Supp.), s. 36, c. 41 (4th Supp.), s. 45, c. 47 (4th Supp.), s. 52;
  • SOR/88-115;
  • 1989, c. 3, s. 37, c. 27, s. 19;
  • 1990, c. 1, s. 24, c. 3, s. 32, c. 13, s. 24;
  • SOR/90-325, 344;
  • 1991, c. 3, s. 10, c. 6, s. 22, c. 16, s. 21, c. 38, s. 25;
  • SOR/91-591;
  • 1992, c. 1, ss. 2, 145(F), 147, c. 33, s. 68, c. 37, s. 75;
  • SOR/92-96, 98;
  • 1993, c. 1, ss. 8, 17, 31, 39, c. 3, ss. 15, 16, c. 28, s. 78, c. 31, s. 24, c. 34, ss. 2, 140;
  • 1994, c. 26, ss. 2, 3, c. 31, s. 9, c. 38, ss. 11, 12, c. 41, ss. 11, 12, c. 43, s. 80;
  • 1995, c. 1, ss. 26 to 28, c. 5, ss. 13, 14, c. 11, ss. 16, 17, c. 12, s. 8, c. 18, ss. 77, 78, c. 28, ss. 44, 45, c. 29, ss. 13, 29, 34, 74, 80, c. 45, s. 23;
  • 1996, c. 8, ss. 16, 17, c. 9, s. 26, c. 10, ss. 202, 203, c. 11, ss. 43 to 46, c. 16, ss. 29 to 31;
  • SOR/96-356, 538;
  • 1997, c. 6, s. 37, c. 9, ss. 83, 84, c. 20, s. 53;
  • 1998, c. 9, ss. 35, 36, c. 10, ss. 159 to 162, c. 25, s. 160, c. 26, ss. 70, 71, c. 31, s. 46, c. 35, s. 106;
  • SOR/98-120, 149;
  • SOR/98-320, s. 1;
  • SOR/98-566;
  • 1999, c. 17, ss. 106, 107, c. 31, ss. 2, 3;
  • 2000, c. 6, ss. 41, 42, c. 17, s. 84, c. 28, s. 47, c. 34, s. 94(F);
  • SOR/2000-175;
  • 2001, c. 9, s. 584, c. 22, ss. 10, 11, c. 34, ss. 2, 16;
  • SOR/2001-143, s. 1;
  • SOR/2001-200, 329;
  • 2002, c. 7, s. 78, c. 10, s. 176, c. 17, ss. 1, 14;
  • SOR/2002-43, 71, 174, 291, 343;
  • 2003, c. 7, s. 127, c. 22, ss. 88, 246, 251, 252;
  • SOR/2003-148, 423, 428, 435, 440;
  • 2004, c. 2, s. 72, c. 7, s. 5, c. 11, ss. 23, 24;
  • SOR/2004-24, 207;
  • 2005, c. 9, s. 147, c. 10, ss. 9, 10, c. 30, s. 88, c. 34, ss. 58 to 60, c. 35, s. 42, c. 38, s. 138, c. 46, s. 55.1;
  • SOR/2005-251;
  • 2006, c. 4, s. 210, c. 9, ss. 90, 91, 129, 164 to 171, 221;
  • SOR/2006-24, 28, 34, 70, 99, 217;
  • SOR/2007-215;
  • 2008, c. 9, s. 6, c. 22, s. 44, c. 28, s. 98;
  • SOR/2008-130, 135;
  • SOR/2009-174, 243, 248;
  • 2010, c. 7, s. 6, c. 12, s. 1674;
  • SOR/2011-162, 258;
  • 2012, c. 1, s. 160, c. 19, ss. 385, 469, 501, 571, 586, 674, 746, c. 31, s. 290.
Previous Version(Section 24)ActProvisionAeronautics ActLoi sur l’aéronautiquesubsections 4.79(1) and 6.5(5)Anti-Inflation Act, S.C. 1974-75-76, c. 75Loi anti-inflation, S.C. 1974-75-76, ch. 75section 14Business Development Bank of Canada ActLoi sur la Banque de développement du Canadasection 37Canada Deposit Insurance Corporation ActLoi sur la Société d’assurance-dépôts du Canadasubsection 45.3(1)Canada Elections ActLoi électorale du Canadasection 540Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3Loi de mise en œuvre de l’Accord atlantique Canada — Terre-Neuve, S.C. 1987, ch. 3section 119Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28Loi de mise en œuvre de l’Accord Canada — Nouvelle-Écosse sur les hydrocarbures extracôtiers, L.C. 1988, ch. 28sections 19 and 122Canada-Nova Scotia Oil and Gas Agreement Act, S.C. 1984, c. 29Loi sur l’Accord entre le Canada et la Nouvelle-Écosse sur la gestion des ressources pétrolières et gazières, S.C. 1984, ch. 29section 53Canada Petroleum Resources ActLoi fédérale sur les hydrocarburessection 101Canada Transportation ActLoi sur les transports au Canadasubsection 51(1) and section 167Canadian Environmental Assessment Act, 2012Loi canadienne sur l’évaluation environnementale (2012)subsections 45(4) and (5)Canadian International Trade Tribunal ActLoi sur le Tribunal canadien du commerce extérieursections 45 and 49Canadian Ownership and Control Determination ActLoi sur la détermination de la participation et du contrôle canadienssection 17Canadian Security Intelligence Service ActLoi sur le Service canadien du renseignement de sécuritésection 18Canadian Transportation Accident Investigation and Safety Board ActLoi sur le Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transportssubsections 28(2) and 31(4)Competition ActLoi sur la concurrencesubsections 29(1), 29.1(5) and 29.2(5)Corporations and Labour Unions Returns ActLoi sur les déclarations des personnes morales et des syndicatssection 18Criminal CodeCode criminelsections 187, 193 and 487.3Criminal Records ActLoi sur le casier judiciairesubsection 6(2) and section 9Customs ActLoi sur les douanessections 107 and 107.1Defence Production ActLoi sur la production de défensesection 30Department of Industry ActLoi sur le ministère de l’Industriesubsection 16(2)DNA Identification ActLoi sur l’identification par les empreintes génétiquessubsection 6(7)Energy Administration ActLoi sur l’administration de l’énergiesection 98Energy Efficiency ActLoi sur l’efficacité énergétiquesection 23Energy Monitoring ActLoi sur la surveillance du secteur énergétiquesection 33Energy Supplies Emergency ActLoi d’urgence sur les approvisionnements d’énergiesection 40.1Excise Act, 2001Loi de 2001 sur l’accisesection 211Excise Tax ActLoi sur la taxe d’accisesection 295Export Development ActLoi sur le développement des exportationssection 24.3Family Allowances ActLoi sur les allocations familialessection 18Hazardous Products ActLoi sur les produits dangereuxsection 12Canadian Human Rights ActLoi canadienne sur les droits de la personnesubsection 47(3)Income Tax ActLoi de l’impôt sur le revenusection 241Industrial Research and Development Incentives Act, R.S.C. 1970, c. I-10Loi stimulant la recherche et le développement scientifiques, S.R.C. 1970, ch. I-10section 13Investment Canada ActLoi sur Investissement Canadasection 36Canada Labour CodeCode canadien du travailsubsection 144(3)Mackenzie Valley Resource Management ActLoi sur la gestion des ressources de la vallée du Mackenzieparagraph 30(1)(b)Marine Transportation Security ActLoi sur la sûreté du transport maritimesubsection 13(1)Motor Vehicle Fuel Consumption Standards ActLoi sur les normes de consommation de carburant des véhicules automobilessubsection 27(1)Nuclear Safety and Control ActLoi sur la sûreté et la réglementation nucléairesparagraphs 44(1)(d) and 48(b)Patent ActLoi sur les brevetssection 10, subsection 20(7), and sections 87 and 88Petroleum Incentives Program ActLoi sur le programme d’encouragement du secteur pétroliersection 17Proceeds of Crime (Money Laundering) and Terrorist Financing ActLoi sur le recyclage des produits de la criminalité et le financement des activités terroristesparagraphs 55(1)(a), (d) and (e)Railway Safety ActLoi sur la sécurité ferroviairesubsection 39.2(1)Sex Offender Information Registration ActLoi sur l’enregistrement de renseignements sur les délinquants sexuelssubsections 9(3) and 16(4)Shipping Conferences Exemption Act, 1987Loi dérogatoire de 1987 sur les conférences maritimessection 11Softwood Lumber Products Export Charge Act, 2006Loi de 2006 sur les droits d’exportation de produits de bois d’oeuvresection 84Special Import Measures ActLoi sur les mesures spéciales d’importationsection 84Specific Claims Tribunal ActLoi sur le Tribunal des revendications particulièressubsections 27(2) and 38(2)Statistics ActLoi sur la statistiquesection 17Telecommunications ActLoi sur les télécommunicationssubsections 39(2) and 70(4)Trade-marks ActLoi sur les marques de commercesubsection 50(6)Transportation of Dangerous Goods Act, 1992Loi de 1992 sur le transport des marchandises dangereusessubsection 24(4)Yukon Environmental and Socio-economic Assessment ActLoi sur l’évaluation environnementale et socioéconomique au Yukonparagraph 121(a)Yukon Quartz Mining ActLoi sur l’extraction du quartz dans le Yukonsubsection 100(16)
  • R.S., 1985, c. A-1, Sch. II;
  • R.S., 1985, c. 28 (1st Supp.), s. 46, c. 33 (1st Supp.), s. 6, c. 1 (2nd Supp.), s. 213, c. 19 (2nd Supp.), s. 46, c. 36 (2nd Supp.), s. 129, c. 3 (3rd Supp.), s. 1, c. 12 (3rd Supp.), s. 25, c. 17 (3rd Supp.), s. 26, c. 18 (3rd Supp.), s. 28, c. 28 (3rd Supp.), s. 275, c. 33 (3rd Supp.), s. 27, c. 1 (4th Supp.), s. 2, c. 16 (4th Supp.), s. 140, c. 21 (4th Supp.), s. 2, c. 32 (4th Supp.), s. 52, c. 47 (4th Supp.), s. 52;
  • 1989, c. 3, s. 38;
  • 1990, c. 1, s. 25, c. 2, s. 9;
  • 1992, c. 34, ss. 43, 44, c. 36, s. 37, c. 37, s. 76;
  • 1993, c. 2, s. 8, c. 27, s. 211, c. 38, s. 77;
  • 1994, c. 10, ss. 27, 28, c. 40, s. 32;
  • 1995, c. 1, ss. 29, 30, c. 28, s. 46, c. 41, ss. 107, 108;
  • 1996, c. 10, ss. 203.1 to 203.3;
  • 1997, c. 9, ss. 85, 86, c. 23, s. 21;
  • 1998, c. 21, s. 73, c. 25, s. 161, c. 37, s. 14;
  • 1999, c. 9, s. 38, c. 33, s. 344;
  • 2000, c. 15, s. 20, c. 17, s. 85, c. 20, s. 25;
  • 2001, c. 9, s. 585, c. 25, s. 86, c. 41, s. 76;
  • 2003, c. 7, s. 128;
  • 2004, c. 2, s. 73, c. 10, s. 22, c. 15, s. 107, c. 26, ss. 15, 16;
  • 2005, c. 9, s. 148, c. 34, s. 83, c. 35, ss. 43, 44;
  • 2006, c. 9, ss. 172, 172.01, c. 13, ss. 118, 119;
  • 2007, c. 18, s. 134;
  • 2008, c. 22, s. 45;
  • 2009, c. 2, s. 255;
  • 2012, c. 19, ss. 55, 56, 300, 301, 675, 747.
Previous VersionRELATED PROVISIONS — 2005, c. 26, s. 18(1), as amended by 2005, c. 26, par. 27(2)(a)(E)
DefinitionsThe following definitions apply in this section.former agencyancienne agenceformer agency means the portion of the public service of Canada known as the Economic Development Agency of Canada for the Regions of Quebec.new agencynouvelle agencenew agency means the Economic Development Agency of Canada for the Regions of Quebec established by section 8.
 — 2005, c. 26, par. 18(7)(a)
 — 2005, c. 38, s. 16, as amended by 2005, c. 38, par. 144(8)(a)(E)
DefinitionsThe following definitions apply in sections 17 to 19 and 21 to 28.former agencyancienne agenceformer agency means the portion of the federal public administration known as the Canada Border Services Agency.new agencynouvelle agencenew agency means the Canada Border Services Agency established under subsection 3(1).order P.C. 2003-2064décret C.P. 2003-2064order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216.
 — 2005, c. 38, par. 19(1)(a), (d)
ReferencesA reference to the former agency in any of the following is deemed to be a reference to the new agency:Schedule I to the Access to Information Act under the heading “Other Government Institutions”;any order of the Governor in Council made under paragraph (b) of the definition “head” in section 3 of the Access to Information Act;
 — 2006, c. 5, s. 16
DefinitionsThe following definitions apply in sections 17 to 19.former agencyancienne agenceformer agency means the portion of the federal public administration known as the Public Health Agency of Canada.new agencynouvelle agencenew agency means the Public Health Agency of Canada established under section 3.
 — 2006, c. 5, s. 19
ReferencesA reference to the former agency in any of the following schedules and orders is deemed to be a reference to the new agency:Schedule I to the Access to Information Act, under the heading “Other Government Institutions”;Deputy headThe designation of a person as deputy head of the former agency in any order of the Governor in Council made pursuant to paragraph 29(e) of the Canadian Security Intelligence Service Act or to the definition deputy head in subsection 2(1) of the Public Service Employment Act is deemed to be a designation of the Chief Public Health Officer as deputy head of the new agency.
 — 2006, c. 9, par. 120(a)
Transitional — continuation in officeA person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold office for the remainder of the term for which he or she had been appointed:the Information Commissioner under section 54 of the Access to Information Act;
AMENDMENTS NOT IN FORCE — 2002, c. 7, s. 77
1994, c. 43, s. 80Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:Yukon Surface Rights BoardOffice des droits de surface du Yukon
 — SOR/2008-130, s. 2
Schedule I to the Act is amended by deleting the following under the heading “Other Government Institutions”:Indian Residential Schools Truth and Reconciliation Commission SecretariatSecrétariat de la Commission de vérité et de réconciliation relative aux pensionnats indiens
 — 2011, c. 25, s. 58
2006, c. 9, s. 165Schedule 1 to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:Canadian Wheat BoardCommission canadienne du blé
 — 2012, c. 19, s. 271
Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:Pension Appeals BoardCommission d’appel des pensions
 — 2012, c. 31, s. 261
Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:Merchant Seamen Compensation BoardCommission d’indemnisation des marins marchands