Responsibilities of Government
Marginal note:Information obtained in confidence
13. (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained in confidence from
(a) the government of a foreign state or an institution thereof;
(b) an international organization of states or an institution thereof;
(c) the government of a province or an institution thereof;
(d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; or
(e) an aboriginal government.
Marginal note:Where disclosure authorized
(2) The head of a government institution may disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtained
(a) consents to the disclosure; or
(b) makes the information public.
Definition of “aboriginal government”
(3) The expression “aboriginal government” in paragraph (1)(e) means
(a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;
(b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act;
(c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act;
(d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act;
(e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act;
(f) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act; or
(g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act.
- R.S., 1985, c. A-1, s. 13;
- 2000, c. 7, s. 21;
- 2004, c. 17, s. 16;
- 2005, c. 1, ss. 97, 107, c. 27, ss. 16, 22;
- 2006, c. 10, s. 32;
- 2008, c. 32, s. 26;
- 2009, c. 18, s. 20.
Marginal note:Federal-provincial affairs
14. 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 be injurious to the conduct by the Government of Canada of federal-provincial affairs, including, without restricting the generality of the foregoing, any such information
(a) on federal-provincial consultations or deliberations; or
(b) on strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial affairs.
- 1980-81-82-83, c. 111, Sch. I “14”.
- Date modified: