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

Act current to 2016-09-18 and last amended on 2016-04-05. Previous Versions

Marginal note:Records relating to investigations, examinations and audits
  •  (1) The 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:

    • (a) the Auditor General of Canada;

    • (b) the Commissioner of Official Languages for Canada;

    • (c) the Information Commissioner; and

    • (d) the Privacy Commissioner.

  • Marginal note:Exception

    (2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.

  • 2006, c. 9, s. 144.
Marginal note:Records relating to investigations
  •  (1) The 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.

  • Marginal note:Exception

    (2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.

  • 2006, c. 9, s. 89.
Marginal note:Investigations, examinations and reviews under the Canada Elections Act

 Subject 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.
Marginal note:Director of Public Prosecutions

 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions 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 the functions of the Commissioner of Canada Elections under the Canada Elections Act.

  • 2014, c. 12, s. 146.
Marginal note:Public Sector Integrity Commissioner
  •  (1) The Public Sector Integrity Commissioner shall refuse to disclose any record requested under this Act that contains information

    • (a) obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act; or

    • (b) received by a conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed.

  • 2005, c. 46, s. 55;
  • 2006, c. 9, s. 221.
Marginal note:Public Servants Disclosure Protection Act

 The 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.
Marginal note:Safety of individuals

 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 threaten the safety of individuals.

  • 1980-81-82-83, c. 111, Sch. I “17”.
Marginal note:Economic interests of Canada

 The head of a government institution may refuse to disclose any record requested under this Act that contains

  • (a) trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Canada or a government institution and has substantial value or is reasonably likely to have substantial value;

  • (b) 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;

  • (c) scientific or technical information obtained through research by an officer or employee of a government institution, the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication; or

  • (d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to

    • (i) the currency, coinage or legal tender of Canada,

    • (ii) a contemplated change in the rate of bank interest or in government borrowing,

    • (iii) a contemplated change in tariff rates, taxes, duties or any other revenue source,

    • (iv) a contemplated change in the conditions of operation of financial institutions,

    • (v) a contemplated sale or purchase of securities or of foreign or Canadian currency, or

    • (vi) a contemplated sale or acquisition of land or property.

  • R.S., 1985, c. A-1, s. 18;
  • 2006, c. 9, s. 146.
Marginal note:Economic interests of certain government institutions
  •  (1) The 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,

    • (a) the Canada Post Corporation;

    • (b) Export Development Canada;

    • (c) the Public Sector Pension Investment Board; or

    • (d) VIA Rail Canada Inc.

  • Marginal note:Exceptions

    (2) However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to

    • (a) the general administration of an institution referred to in any of paragraphs (1)(a) to (d); or

    • (b) any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.

  • 2006, c. 9, s. 147.

Personal Information

Marginal note:Personal information
  •  (1) Subject 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.

  • Marginal note:Where disclosure authorized

    (2) The head of a government institution may disclose any record requested under this Act that contains personal information if

    • (a) the individual to whom it relates consents to the disclosure;

    • (b) the information is publicly available; or

    • (c) the disclosure is in accordance with section 8 of the Privacy Act.

  • 1980-81-82-83, c. 111, Sch. I “19”.
 
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