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:Certificate under Canada Evidence Act
  •  (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.

  • Marginal note:Certificate following filing of complaint

    (2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Act in relation to a request for access to that information,

    • (a) all proceedings under this Act in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

    • (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

    • (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

  • 2001, c. 41, s. 87.

General

Marginal note:Duties and functions of designated Minister
  •  (1) Subject to subsection (2), the designated Minister shall

    • (a) cause to be kept under review the manner in which records under the control of government institutions are maintained and managed to ensure compliance with the provisions of this Act and the regulations relating to access to records;

    • (b) prescribe such forms as may be required for the operation of this Act and the regulations;

    • (c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Act and the regulations;

    • (c.1) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Act and the regulations relating to access; and

    • (d) prescribe the form of, and what information is to be included in, reports made to Parliament under section 72.

  • Marginal note:Duties and functions of designated Minister

    (1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).

  • Marginal note:Exception for Bank of Canada

    (2) Anything that is required to be done by the designated Minister under paragraph (1)(a) or (c) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada.

  • R.S., 1985, c. A-1, s. 70;
  • 2006, c. 9, s. 161.
Marginal note:Manuals may be inspected by public
  •  (1) The head of every government institution shall, not later than July 1, 1985, provide facilities at the headquarters of the institution and at such offices of the institution as are reasonably practicable where the public may inspect any manuals used by employees of the institution in administering or carrying out programs or activities of the institution that affect the public.

  • Marginal note:Exempt information may be excluded

    (2) Any information on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Act may be excluded from any manuals that may be inspected by the public pursuant to subsection (1).

  • 1980-81-82-83, c. 111, Sch. I “71”.
Marginal note:Report to Parliament
  •  (1) The head of every government institution shall prepare for submission to Parliament an annual report on the administration of this Act within the institution during each financial year.

  • Marginal note:Tabling of report

    (2) Every report prepared under subsection (1) shall be laid before each House of Parliament within three months after the financial year in respect of which it is made or, if that House is not then sitting, on any of the first fifteen days next thereafter that it is sitting.

  • Marginal note:Reference to Parliamentary committee

    (3) Every report prepared under subsection (1) shall, after it is laid before the Senate and the House of Commons under subsection (2), be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).

  • 1980-81-82-83, c. 111, Sch. I “72”.
Marginal note:Report of expenses

 The head of a department or a ministry of state of the Government of Canada shall publish an annual report of all expenses incurred by his or her office and paid out of the Consolidated Revenue Fund.

  • 2006, c. 9, s. 162.
Marginal note:Delegation by the head of a government institution

 The head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.

  • 1980-81-82-83, c. 111, Sch. I “73”.
Marginal note:Protection from civil proceeding or from prosecution

 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record pursuant to this Act, for any consequences that flow from that disclosure, or for the failure to give any notice required under this Act if reasonable care is taken to give the required notice.

  • 1980-81-82-83, c. 111, Sch. I “74”.
Marginal note:Permanent review of Act by Parliamentary committee
  •  (1) The administration of this Act shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

  • Marginal note:Review and report to Parliament

    (2) The committee designated or established by Parliament for the purpose of subsection (1) shall, not later than July 1, 1986, undertake a comprehensive review of the provisions and operation of this Act, and shall within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes the committee would recommend.

  • 1980-81-82-83, c. 111, Sch. I “75”.
Marginal note:Binding on Crown

 This Act is binding on Her Majesty in right of Canada.

  • 1980-81-82-83, c. 111, Sch. I “76”.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);

    • (a.1) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);

    • (b) prescribing the procedure to be followed in making and responding to a request for access to a record under this Act;

    • (c) prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another;

    • (d) prescribing a fee for the purpose of paragraph 11(1)(a) and the manner of calculating fees or amounts payable for the purposes of paragraphs 11(1)(b) and (c) and subsections 11(2) and (3);

    • (e) prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part thereof shall be given;

    • (f) specifying investigative bodies for the purpose of paragraph 16(1)(a);

    • (g) specifying classes of investigations for the purpose of paragraph 16(4)(c);

    • (h) prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15; and

    • (i) prescribing criteria for adding a body or office to Schedule I.

  • Marginal note:Additions to Schedule I

    (2) The Governor in Council may, by order, amend Schedule I by adding thereto any department, ministry of state, body or office of the Government of Canada.

  • R.S., 1985, c. A-1, s. 77;
  • 1992, c. 21, s. 5;
  • 2006, c. 9, s. 163.
 
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