Marginal note:Externally produced documents
50.01 (1) A regulation made under subsection 50(1) may incorporate by reference any document that is produced by a person or body other than the Minister.
Marginal note:Type of incorporation by reference
(2) A document may be incorporated by reference either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility of incorporated document
(3) The Minister must ensure that a document that is incorporated by reference is accessible.
Marginal note:No finding of guilt or administrative sanction
(4) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to that person.
Marginal note:No registration or publication
(5) For greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
- 2013, c. 31, s. 4.
Marginal note:Existing power not limited
50.02 For greater certainty, an express power in this Act to incorporate by reference does not limit the power that otherwise exists to incorporate by reference in a regulation made under this Act.
- 2013, c. 31, s. 4.
Marginal note:Information already provided
50.1 For the purposes of subsection 50(1), if any information referred to in that subsection has already been provided to a department or agency of the Government of Canada, the Minister may request that department or agency to provide the information to the Minister.
- 2007, c. 19, s. 9.
Marginal note:Confidentiality of information
51. (1) Except as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided to the Minister pursuant to this Act is, when it is received by the Minister, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information or documentation, except for the purposes of a prosecution of a contravention of section 173.
Marginal note:Administrative use of information
(2) Subsection (1) does not apply so as to prohibit
(a) the communication of information to the Agency or to a minister of the Crown in right of Canada, the agent of any such minister or an officer or employee of, or adviser to, Her Majesty in right of Canada for the purposes of the administration of this Act or any other Act of Parliament or for the purposes of the development of policies;
(b) the communication of information to persons referred to in paragraph 50(1.1)(c) that is necessary for them to carry out their duties and functions;
(c) the reporting of information in an aggregated form that prevents information obtained from an identifiable person from being related to that person;
(d) the communication of information by the Minister for the purpose of monitoring the grain transportation and handling system; or
(e) the communication of information that is available to, or ascertainable by, the public.
Marginal note:Terms and conditions
(2.1) The Minister may, with the approval of the Governor in Council, make regulations respecting the terms and conditions for the communication of information referred to in subsection (2).
Marginal note:Safe and secure procedures
(3) The Minister shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to the Minister pursuant to this Act, including the keeping of electronic data, are safe and secure.
Marginal note:Requirement for other persons to maintain confidentiality
(4) Any person who receives information from the Minister that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.
- 1996, c. 10, s. 51;
- 2000, c. 16, s. 2;
- 2007, c. 19, s. 10.
- Date modified: