Marginal note:Certificate under Canada Evidence Act

• 69.1 (1) Where 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.

• Marginal note:Certificate following filing of complaint

  (2) Notwithstanding 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,

  • (a) all proceedings under this Act in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

  • (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

  • (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

Marginal note:Duties and functions of designated Minister

• 70. (1) Subject to subsection (2), the designated Minister shall

  • (a) cause to be kept under review the manner in which records under the control of government institutions are maintained and managed to ensure compliance with the provisions of this Act and the regulations relating to access to records;

  • (b) prescribe such forms as may be required for the operation of this Act and the regulations;

  • (c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Act and the regulations;

  • (c.1) 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; and

  • (d) prescribe the form of, and what information is to be included in, reports made to Parliament under section 72.

• Marginal note:Duties and functions of designated Minister

  (1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).

• Marginal note:Exception for Bank of Canada

  (2) Anything that is required to be done by the designated Minister under paragraph (1)(a) or (c) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada.