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

Exemptions

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.

• Marginal note: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;

  • (e.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act;

  • (f) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act;

  • (f.1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;

  • (g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act;

  • (h) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act; or

  • (i) the council of a participating First Nation, as defined in section 2 of the Anishinabek Nation Education Agreement Act.

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.

Marginal note:International affairs and defence

• 15 (1) 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 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)