Canada Evidence Act (R.S.C., 1985, c. C-5)

Marginal note:Disclosure prohibited

• 38.22 (1) Subject to subsection 38.21(5), it is prohibited for a person to disclose in connection with a federal proceeding

  • (a) information about which notice is given under any of subsections 38.21(1) to (4);

  • (b) the fact that notice is given to the Attorney General of Canada under any of subsections 38.21(1) to (4);

  • (c) the fact that a motion is made under section 38.25 or that an appeal of an order made under any of subsections 38.26(1) to (3) in connection with the motion is instituted; or

  • (d) the fact that an agreement is entered into under section 38.24 or subsection 38.25(6).

• Marginal note:Exceptions

  (2) Disclosure of the information or the facts referred to in subsection (1) is not prohibited if

  • (a) the Attorney General of Canada authorizes the disclosure in writing under section 38.23 or by agreement under section 38.24 or subsection 38.25(6); or

  • (b) a judge authorizes the disclosure under subsection 38.26(1) or (2) or a court hearing an appeal from the order of the judge authorizes the disclosure, and either the time provided to appeal the order or the appeal court’s judgment has expired or no further appeal is available.