Canada Evidence Act

Marginal note:Certificate of Attorney General of Canada

• 38.13 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act or for the purpose of protecting national defence or national security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament.

• Marginal note:Military proceedings

  (2) In the case of a proceeding under Part III of the National Defence Act, the Attorney General of Canada may issue the certificate only with the agreement, given personally, of the Minister of National Defence.

• Marginal note:Service of certificate

  (3) The Attorney General of Canada shall cause a copy of the certificate to be served on

  • (a) the person presiding or designated to preside at the proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside;

  • (b) every party to the proceeding;

  • (c) every person who gives notice under section 38.01 in connection with the proceeding;

  • (d) every person who, in connection with the proceeding, may disclose, is required to disclose or may cause the disclosure of the information about which the Attorney General of Canada has received notice under section 38.01;

  • (e) every party to a hearing under subsection 38.04(5) or to an appeal of an order made under any of subsections 38.06(1) to (3) in relation to the information;

  • (f) the judge who conducts a hearing under subsection 38.04(5) and any court that hears an appeal from, or review of, an order made under any of subsections 38.06(1) to (3) in relation to the information; and

  • (g) any other person who, in the opinion of the Attorney General of Canada, should be served.

• Marginal note:Filing of certificate

  (4) The Attorney General of Canada shall cause a copy of the certificate to be filed

  • (a) with the person responsible for the records of the proceeding to which the information relates; and

  • (b) in the Registry of the Federal Court and the registry of any court that hears an appeal from, or review of, an order made under any of subsections 38.06(1) to (3).

• Marginal note:Effect of certificate

  (5) If the Attorney General of Canada issues a certificate, then, notwithstanding any other provision of this Act, disclosure of the information shall be prohibited in accordance with the terms of the certificate.

• Marginal note:Statutory Instruments Act does not apply

  (6) The Statutory Instruments Act does not apply to a certificate issued under subsection (1).

• Marginal note:Publication

  (7) The Attorney General of Canada shall, without delay after a certificate is issued, cause the certificate to be published in the Canada Gazette.

• Marginal note:Restriction

  (8) The certificate and any matters arising out of it are not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with section 38.131.

• Marginal note:Expiration

  (9) The certificate expires 15 years after the day on which it is issued and may be reissued.