Marginal note:Notice and report to Minister
180. If, within a reasonable time after informing the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be, of a problem, no action is taken that seems to the Correctional Investigator to be adequate and appropriate, the Correctional Investigator shall inform the Minister of that fact and provide the Minister with whatever information was originally provided to the Commissioner, or the Commissioner and the Chairperson of the Parole Board of Canada, as the case may be.
- 1992, c. 20, s. 180;
- 2012, c. 1, s. 160.
Marginal note:Complainant to be informed of result of investigation
181. Where an investigation is in relation to a complaint, the Correctional Investigator shall, in such manner and at such time as the Correctional Investigator considers appropriate, inform the complainant of the results of the investigation, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
182. Subject to this Part, the Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall not disclose any information that comes to their knowledge in the exercise of their powers or the performance of their functions and duties under this Part.
Marginal note:Disclosure authorized
183. (1) Subject to subsection (2), the Correctional Investigator may disclose or may authorize any person acting on behalf or under the direction of the Correctional Investigator to disclose information
(a) that, in the opinion of the Correctional Investigator, is necessary to
(i) carry out an investigation, or
(ii) establish the grounds for findings and recommendations made under this Part; or
(b) in the course of a prosecution for an offence under this Part or a prosecution for an offence under section 131 (perjury) of the Criminal Code in respect of a statement made under this Part.
(2) The Correctional Investigator and every person acting on behalf or under the direction of the Correctional Investigator shall take every reasonable precaution to avoid the disclosure of, and shall not disclose, any information the disclosure of which could reasonably be expected
(a) to disclose information obtained or prepared in the course of lawful investigations pertaining to
(i) the detection, prevention or suppression of crime,
(ii) the enforcement of any law of Canada or a province, where the investigation is ongoing, or
(iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,
if the information came into existence less than twenty years before the anticipated disclosure;
(b) to be injurious to the conduct of any lawful investigation;
(c) in respect of any individual under sentence for an offence against any Act of Parliament, to
(i) lead to a serious disruption of that individual’s institutional or conditional release program, or
(ii) result in physical or other harm to that individual or any other person;
(d) to disclose advice or recommendations developed by or for a government institution within the meaning of the Access to Information Act or a minister of the Crown; or
(e) to disclose confidences of the Queen’s Privy Council for Canada referred to in section 196.
Marginal note:Definition of “investigation”
(3) For the purposes of paragraph (2)(b), “investigation” means an investigation that
(a) pertains to the administration or enforcement of an Act of Parliament or of a province; or
(b) is authorized by or pursuant to an Act of Parliament or of a province.
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