Canada Elections Act

Marginal note:Confidentiality

• 510.1 (1) Subject to subsections (2) and (4), neither the Commissioner nor any person acting under the Commissioner’s direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.

• Marginal note:Disclosure authorized

  (2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose

  • (a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;

  • (b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation;

  • (c) when a prosecution has been instituted under subsection 511(1), information that the Director of Public Prosecutions requires;

  • (c.1) when a review by the Chief Electoral Officer is requested under section 521.14, information that the Chief Elector Officer requires;

  • (d) information that is required to be disclosed in the course of a prosecution for an offence under this Act or for a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act;

  • (d.1) information that is required to be disclosed in the course of an application for judicial review in respect of a decision taken under this Act;

  • (e) information that is required to be disclosed under any other Act of Parliament;

  • (f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement;

  • (f.1) information that, in the Commissioner’s opinion, is necessary in order for a person or entity to provide an undertaking; and

  • (g) information whose disclosure is, in the Commissioner’s opinion, in the public interest.

• Marginal note:Public interest

  (3) For the purposes of paragraph (2)(g), the Commissioner shall take into consideration the effects of disclosure on

  • (a) the privacy rights of any person who is the subject of the disclosure;

  • (b) the right of the person under investigation to be presumed innocent until proved guilty according to law; and

  • (c) public confidence in the fairness of the electoral process.

• Marginal note:Information relating to investigations

  (4) The Commissioner may disclose — or may authorize any person acting under the Commissioner’s direction to disclose — any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act to the government of a foreign state, an international organization of states, an international organization established by the government of states or an institution of such a government or organization if

  • (a) the disclosure may, in the Commissioner’s opinion, be relevant to an investigation conducted by the Commissioner or to an investigation or proceeding in respect of a contravention of the laws of a foreign state that address conduct that is substantially similar to conduct prohibited under this Act; and

  • (b) the information is disclosed in accordance with a memorandum of understanding or other arrangement that the Commissioner enters into with the government, organization or institution.

• Marginal note:Contents of memorandum or arrangement

  (5) The memorandum of understanding or other arrangement shall

  • (a) restrict the use of the information to the purpose for which it was originally disclosed; and

  • (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Commissioner or the person authorized by the Commissioner to disclose the information.