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

Act current to 2019-04-25 and last amended on 2019-04-01. Previous Versions

Exemptions (continued)

Responsibilities of Government (continued)

Marginal note:Law enforcement and investigations

  •  (1) The head of a government institution may refuse to disclose any record requested under this Act that contains

    • (a) information obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to

      if the record came into existence less than twenty years prior to the request;

    • (b) information relating to investigative techniques or plans for specific lawful investigations;

    • (c) information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information

      • (i) relating to the existence or nature of a particular investigation,

      • (ii) that would reveal the identity of a confidential source of information, or

      • (iii) that was obtained or prepared in the course of an investigation; or

    • (d) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.

  • Marginal note:Security

    (2) The head of a government institution may refuse to disclose any record requested under this Act that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information

    • (a) on criminal methods or techniques;

    • (b) that is technical information relating to weapons or potential weapons; or

    • (c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.

  • Marginal note:Policing services for provinces or municipalities

    (3) The head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality agreed not to disclose such information.

  • Definition of investigation

    (4) For the purposes of paragraphs (1)(b) and (c), investigation means an investigation that

    • (a) pertains to the administration or enforcement of an Act of Parliament;

    • (b) is authorized by or pursuant to an Act of Parliament; or

    • (c) is within a class of investigations specified in the regulations.

  • 1980-81-82-83, c. 111, Sch. I “16”
  • 1984, c. 21, s. 70

Marginal note:Records relating to investigations, examinations and audits

  •  (1) The following heads of government institutions shall refuse to disclose any record requested under this Act that contains information that was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by them or under their authority:

    • (a) the Auditor General of Canada;

    • (b) the Commissioner of Official Languages for Canada;

    • (c) the Information Commissioner; and

    • (d) the Privacy Commissioner.

  • Marginal note:Exception

    (2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.

  • 2006, c. 9, s. 144

Marginal note:Records relating to investigations

  •  (1) The Commissioner of Lobbying shall refuse to disclose any record requested under this Act that contains information that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by or under the authority of the Commissioner.

  • Marginal note:Exception

    (2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.

  • 2006, c. 9, s. 89

Marginal note:Investigations, examinations and reviews under the Canada Elections Act

 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the Canada Elections Act.

  • 2006, c. 9, s. 145

 [Repealed, 2018, c. 31, s. 391]

Marginal note:Public Sector Integrity Commissioner

  •  (1) The Public Sector Integrity Commissioner shall refuse to disclose any record requested under this Act that contains information

    • (a) obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act; or

    • (b) received by a conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed.

  • 2005, c. 46, s. 55
  • 2006, c. 9, s. 221

Marginal note:Public Servants Disclosure Protection Act

 The head of a government institution shall refuse to disclose any record requested under this Act that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.

  • 2005, c. 46, s. 55
  • 2006, c. 9, s. 221

Marginal note:Secretariat of National Security and Intelligence Committee of Parliamentarians

 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose any record requested under this Act that contains information obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.

  • 2017, c. 15, s. 35

Marginal note:Safety of individuals

 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 threaten the safety of individuals.

  • 1980-81-82-83, c. 111, Sch. I “17”

Marginal note:Economic interests of Canada

 The head of a government institution may refuse to disclose any record requested under this Act that contains

  • (a) trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Canada or a government institution and has substantial value or is reasonably likely to have substantial value;

  • (b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution or to interfere with contractual or other negotiations of a government institution;

  • (c) scientific or technical information obtained through research by an officer or employee of a government institution, the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication; or

  • (d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to

    • (i) the currency, coinage or legal tender of Canada,

    • (ii) a contemplated change in the rate of bank interest or in government borrowing,

    • (iii) a contemplated change in tariff rates, taxes, duties or any other revenue source,

    • (iv) a contemplated change in the conditions of operation of financial institutions,

    • (v) a contemplated sale or purchase of securities or of foreign or Canadian currency, or

    • (vi) a contemplated sale or acquisition of land or property.

  • R.S., 1985, c. A-1, s. 18
  • 2006, c. 9, s. 146
 
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