Access to Information Act (R.S.C., 1985, c. A-1)

Act current to 2016-05-12 and last amended on 2016-04-05. Previous Versions

Exemptions

Responsibilities of Government

Marginal note:Information obtained in confidence
  • 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;
  • 2014, c. 1, s. 18, c. 11, s. 21.
Marginal note:Federal-provincial affairs

 The 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 information

  • (a) on federal-provincial consultations or deliberations; or

  • (b) on 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”.
Marginal note:International affairs and defence
  •  (1) The 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 information

    • (a) relating to military tactics or strategy, or relating to military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention or suppression of subversive or hostile activities;

    • (b) 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;

    • (c) 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;

    • (d) obtained or prepared for the purpose of intelligence relating to

      • (i) the defence of Canada or any state allied or associated with Canada, or

      • (ii) the detection, prevention or suppression of subversive or hostile activities;

    • (e) 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;

    • (f) 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;

    • (g) 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;

    • (h) that constitutes diplomatic correspondence exchanged with foreign states or international organizations of states or official correspondence exchanged with Canadian diplomatic missions or consular posts abroad; or

    • (i) relating to the communications or cryptographic systems of Canada or foreign states used

      • (i) for the conduct of international affairs,

      • (ii) for the defence of Canada or any state allied or associated with Canada, or

      • (iii) in relation to the detection, prevention or suppression of subversive or hostile activities.

  • Marginal note:Definitions

    (2) In this section,

    defence of Canada or any state allied or associated with Canada

    défense du Canada ou d’États alliés ou associés avec le Canada

    defence of Canada or any state allied or associated with Canada includes the efforts of Canada and of foreign states toward the detection, prevention or suppression of activities of any foreign state directed toward actual or potential attack or other acts of aggression against Canada or any state allied or associated with Canada; (défense du Canada ou d’États alliés ou associés avec le Canada)

    subversive or hostile activities

    activités hostiles ou subversives

    subversive or hostile activities means

    • (a) espionage against Canada or any state allied or associated with Canada,

    • (b) sabotage,

    • (c) activities directed toward the commission of terrorist acts, including hijacking, in or against Canada or foreign states,

    • (d) 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,

    • (e) activities directed toward gathering information used for intelligence purposes that relates to Canada or any state allied or associated with Canada, and

    • (f) activities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada. (activités hostiles ou subversives)

  • 1980-81-82-83, c. 111, Sch. I “15”.
Marginal note:Law enforcement and investigations
  •  (1) The head of a government institution may refuse to disclose any record requested under this Act that contains

    • (a) information obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to

      if the record came into existence less than twenty years prior to the request;

    • (b) information relating to investigative techniques or plans for specific lawful investigations;

    • (c) information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information

      • (i) relating to the existence or nature of a particular investigation,

      • (ii) that would reveal the identity of a confidential source of information, or

      • (iii) that was obtained or prepared in the course of an investigation; or

    • (d) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.

  • Marginal note:Security

    (2) The 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 information

    • (a) on criminal methods or techniques;

    • (b) that is technical information relating to weapons or potential weapons; or

    • (c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.

  • Marginal note:Policing services for provinces or municipalities

    (3) The 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 investigation

    (4) For the purposes of paragraphs (1)(b) and (c), investigation means an investigation that

    • (a) pertains to the administration or enforcement of an Act of Parliament;

    • (b) is authorized by or pursuant to an Act of Parliament; or

    • (c) is within a class of investigations specified in the regulations.

  • 1980-81-82-83, c. 111, Sch. I “16”;
  • 1984, c. 21, s. 70.
 
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