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

Act current to 2021-02-15 and last amended on 2020-06-21. Previous Versions

PART 3General (continued)

Marginal note:Provision of services related to access to information

  •  (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.

  • Marginal note:Written agreement

    (2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.

  • Marginal note:Notice

    (3) The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement.

  • Marginal note:Fees

    (4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.

  • Marginal note:Spending authority

    (5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

  • 2019, c. 18, s. 37

Marginal note:Records not under control of institution

 The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution.

  • 2019, c. 18, s. 37

Marginal note:Protection from civil proceeding or from prosecution — Part 1

  •  (1) Despite 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 under Part 1, for any consequences that flow from that disclosure, or for the failure to give any notice required under Part 1 if reasonable care is taken to give the required notice.

  • Marginal note:Protection from civil proceeding or from prosecution — Part 2

    (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication.

  • 2019, c. 18, s. 37

Marginal note:Permanent review of Act by Parliamentary committee

 The administration of this Act shall be reviewed on a permanent basis by any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose.

  • 2019, c. 18, s. 37

Marginal note:Review and report

 A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend.

  • 2019, c. 18, s. 37

Marginal note:Binding on Crown

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

  • 2019, c. 18, s. 37

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations prescribing criteria for adding, under paragraph (2)(a), the name of a body or office to Schedule I.

  • Marginal note:Amendments to Schedule I

    (2) The Governor in Council may, by order,

    • (a) add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada;

    • (b) replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and

    • (c) delete from Schedule I the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.

  • 2019, c. 18, s. 37
 
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