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

Act current to 2021-09-11 and last amended on 2021-08-12. Previous Versions

PART 1Access to Government Records (continued)

Access (continued)

Requests for Access (continued)

Marginal note:Application fee

  •  (1) Subject to this section, a person who makes a request for access to a record under this Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation.

  • Marginal note:Waiver

    (2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.

Access Given

Marginal note:Access to record

  •  (1) A person who is given access to a record or a part thereof under this Part shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof.

  • Marginal note:Language of access

    (2) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language

    • (a) forthwith, if the record or part thereof already exists under the control of a government institution in that language; or

    • (b) within a reasonable period of time, if the head of the government institution that has control of the record considers it to be in the public interest to cause a translation to be prepared.

  • Marginal note:Access to record in alternative format

    (3) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given has a sensory disability and requests that access be given in an alternative format, a copy of the record or part thereof shall be given to the person in an alternative format

    • (a) forthwith, if the record or part thereof already exists under the control of a government institution in an alternative format that is acceptable to that person; or

    • (b) within a reasonable period of time, if the head of the government institution that has control of the record considers the giving of access in an alternative format to be necessary to enable the person to exercise the person’s right of access under this Part and considers it reasonable to cause that record or part thereof to be converted.

  • R.S., 1985, c. A-1, s. 12
  • R.S., 1985, c. 31 (4th Supp.), s. 100(E)
  • 1992, c. 21, s. 3
  • 2019, c. 18, s. 41(E)

Exemptions

Responsibilities of Government

Marginal note:Information obtained in confidence

  • 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
  • 2014, c. 1, s. 18, c. 11, s. 21
  • 2017, c. 32, s. 17
  • 2018, c. 4, s. 127
  • 2019, c. 18, s. 41(E)

Marginal note:Federal-provincial affairs

 The head of a government institution may refuse to disclose any record requested under this Part 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.

Marginal note:International affairs and defence

  •  (1) The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, including, without restricting the generality of the foregoing, any such information

    • (a) relating to military tactics or strategy, or relating to military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention or suppression of subversive or hostile activities;

    • (b) relating to the quantity, characteristics, capabilities or deployment of weapons or other defence equipment or of anything being designed, developed, produced or considered for use as weapons or other defence equipment;

    • (c) relating to the characteristics, capabilities, performance, potential, deployment, functions or role of any defence establishment, of any military force, unit or personnel or of any organization or person responsible for the detection, prevention or suppression of subversive or hostile activities;

    • (d) obtained or prepared for the purpose of intelligence relating to

      • (i) the defence of Canada or any state allied or associated with Canada, or

      • (ii) the detection, prevention or suppression of subversive or hostile activities;

    • (e) obtained or prepared for the purpose of intelligence respecting foreign states, international organizations of states or citizens of foreign states used by the Government of Canada in the process of deliberation and consultation or in the conduct of international affairs;

    • (f) on methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (d) or (e) or on sources of such information;

    • (g) on the positions adopted or to be adopted by the Government of Canada, governments of foreign states or international organizations of states for the purpose of present or future international negotiations;

    • (h) that constitutes diplomatic correspondence exchanged with foreign states or international organizations of states or official correspondence exchanged with Canadian diplomatic missions or consular posts abroad; or

    • (i) relating to the communications or cryptographic systems of Canada or foreign states used

      • (i) for the conduct of international affairs,

      • (ii) for the defence of Canada or any state allied or associated with Canada, or

      • (iii) in relation to the detection, prevention or suppression of subversive or hostile activities.

  • Marginal note:Definitions

    (2) In this section,

    defence of Canada or any state allied or associated with Canada

    defence of Canada or any state allied or associated with Canada includes the efforts of Canada and of foreign states toward the detection, prevention or suppression of activities of any foreign state directed toward actual or potential attack or other acts of aggression against Canada or any state allied or associated with Canada; (défense du Canada ou d’États alliés ou associés avec le Canada)

    subversive or hostile activities

    subversive or hostile activities means

    • (a) espionage against Canada or any state allied or associated with Canada,

    • (b) sabotage,

    • (c) activities directed toward the commission of terrorist acts, including hijacking, in or against Canada or foreign states,

    • (d) activities directed toward accomplishing government change within Canada or foreign states by the use of or the encouragement of the use of force, violence or any criminal means,

    • (e) activities directed toward gathering information used for intelligence purposes that relates to Canada or any state allied or associated with Canada, and

    • (f) activities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada. (activités hostiles ou subversives)

 
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