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

Marginal note:Objection relating to a confidence of the Queen’s Privy Council

• 39 (1) Where a minister of the Crown or the Clerk of the Privy Council objects to the disclosure of information before a court, person or body with jurisdiction to compel the production of information by certifying in writing that the information constitutes a confidence of the Queen’s Privy Council for Canada, disclosure of the information shall be refused without examination or hearing of the information by the court, person or body.

• Marginal note:Definition

  (2) For the purpose of subsection (1), a confidence of the Queen’s Privy Council for Canada includes, without restricting the generality thereof, information contained in

  • (a) a memorandum the purpose of which is to present proposals or recommendations to Council;

  • (b) a discussion paper the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;

  • (c) an agendum of Council or a record recording deliberations or decisions of Council;

  • (d) a record used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

  • (e) a record the purpose of which is to brief Ministers of the Crown in relation to matters that are brought before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); and

  • (f) draft legislation.

• Definition of Council

  (3) For the purposes of subsection (2), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.

• Marginal note:Exception

  (4) Subsection (1) does not apply in respect of

  • (a) a confidence of the Queen’s Privy Council for Canada that has been in existence for more than twenty years; or

  • (b) a discussion paper described in paragraph (2)(b)

    • (i) if the decisions to which the discussion paper relates have been made public, or

    • (ii) where the decisions have not been made public, if four years have passed since the decisions were made.