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Access to Information Act

Version of section 69.1 from 2019-06-21 to 2020-06-17:


Marginal note:Certificate under Canada Evidence Act

  •  (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information.

  • Marginal note:Certificate following filing of complaint

    (2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information,

    • (a) all proceedings under this Part in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

    • (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

    • (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

  • 2001, c. 41, s. 87
  • 2019, c. 18, s. 39
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