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

Act current to 2012-05-02 and last amended on 2012-03-16. Previous Versions

Marginal note:Records relating to investigations, examinations and audits

  • 16.1 (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

  • 16.2 (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

16.3 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:Public Sector Integrity Commissioner

  • 16.4 (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.