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

Act current to 2019-06-20 and last amended on 2019-06-18. Previous Versions

Review by the Federal Court (continued)

Marginal note:Order of Court not to disclose record

 Where the Court determines, after considering an application under section 44, that the head of a government institution is required to refuse to disclose a record or part of a record, the Court shall order the head of the institution not to disclose the record or part thereof or shall make such other order as the Court deems appropriate.

  • 1980-81-82-83, c. 111, Sch. I “51”

Marginal note:Applications relating to international affairs or defence

  •  (1) An application under section 41 or 42 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.

  • Marginal note:Special rules for hearings

    (2) An application referred to in subsection (1) or an appeal brought in respect of such application shall

    • (a) be heard in camera; and

    • (b) on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Ex parte representations

    (3) During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte.

  • R.S., 1985, c. A-1, s. 52
  • 2002, c. 8, s. 112

Marginal note:Costs

  •  (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.

  • Marginal note:Idem

    (2) Where the Court is of the opinion that an application for review under section 41 or 42 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.

  • 1980-81-82-83, c. 111, Sch. I “53”

Office of the Information Commissioner

Information Commissioner

Marginal note:Appointment

  •  (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

  • Marginal note:Tenure

    (2) Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

  • Marginal note:Further terms

    (3) The Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

  • Marginal note:Interim appointment

    (4) In the event of the absence or incapacity of the Information Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

  • R.S., 1985, c. A-1, s. 54
  • 2006, c. 9, s. 109

Marginal note:Rank, powers and duties generally

  •  (1) The Information Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Information Commissioner under this or any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.

  • Marginal note:Salary and expenses

    (2) The Information Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this or any other Act of Parliament.

  • Marginal note:Pension benefits

    (3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Information Commissioner, except that a person appointed as Information Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Information Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

  • Marginal note:Other benefits

    (4) The Information Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • R.S., 1985, c. A-1, s. 55
  • 2002, c. 8, s. 113
  • 2003, c. 22, ss. 224(E), 225(E)

Assistant Information Commissioner

Marginal note:Appointment of Assistant Information Commissioner

  •  (1) The Governor in Council may, on the recommendation of the Information Commissioner, appoint one or more Assistant Information Commissioners.

  • Marginal note:Tenure of office and removal of Assistant Information Commissioner

    (2) Subject to this section, an Assistant Information Commissioner holds office during good behaviour for a term not exceeding five years.

  • Marginal note:Further terms

    (3) An Assistant Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years.

  • 1980-81-82-83, c. 111, Sch. I “56”

Marginal note:Duties generally

  •  (1) An Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this or any other Act of Parliament as are delegated by the Information Commissioner to that Assistant Information Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.

  • Marginal note:Salary and expenses

    (2) An Assistant Information Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this or any other Act of Parliament as the Information Commissioner considers reasonable.

  • Marginal note:Pension benefits

    (3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Information Commissioner.

  • Marginal note:Other benefits

    (4) An Assistant Information Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • R.S., 1985, c. A-1, s. 57
  • 2003, c. 22, s. 224(E)

Staff

Marginal note:Staff of the Information Commissioner

  •  (1) Such officers and employees as are necessary to enable the Information Commissioner to perform the duties and functions of the Commissioner under this or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Technical assistance

    (2) The Information Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

  • R.S., 1985, c. A-1, s. 58
  • 2006, c. 9, s. 155(F)

Delegation

Marginal note:Delegation by Information Commissioner

  •  (1) Subject to subsection (2), the Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this or any other Act of Parliament except

    • (a) in any case other than a delegation to an Assistant Information Commissioner, the power to delegate under this section; and

    • (b) in any case, the powers, duties or functions set out in sections 38 and 39.

  • Marginal note:Investigations relating to international affairs and defence

    (2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a complaint resulting from a refusal by the head of a government institution to disclose all or part of a record under paragraph 13(1)(a) or (b) or section 15 except to one of eight officers or employees — or one of any greater number of officers or employees fixed by the designated Minister — specifically designated by the Commissioner for the purpose of conducting those investigations.

  • Marginal note:Delegation by Assistant Information Commissioner

    (3) An Assistant Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Information Commissioner may specify, any of the powers, duties or functions of the Information Commissioner under this or any other Act of Parliament that the Assistant Information Commissioner is authorized by the Information Commissioner to exercise or perform.

  • R.S., 1985, c. A-1, s. 59
  • 2006, c. 9, s. 156
 
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