Marginal note:Privileged information
36 (1) Subject to subsections (3) and (4), all information obtained with respect to a Canadian, a non-Canadian or a business by the Minister or an officer or employee of Her Majesty in the course of the administration or enforcement of this Act is privileged and no one shall knowingly communicate or allow to be communicated any such information or allow anyone to inspect or to have access to any such information.
Marginal note:Evidentiary privilege
(2) Notwithstanding any other Act or law but subject to subsections (3) and (4), no minister of the Crown and no officer or employee of Her Majesty in right of Canada or a province shall be required, in connection with any legal proceedings, to give evidence relating to any information that is privileged under subsection (1) or to produce any statement or other writing containing such information.
Marginal note:Communication or disclosure of information
(3) Information that is privileged under subsection (1) may, on such terms and conditions and under such circumstances as the Minister deems appropriate,
(a) on request in writing to the Director by or on behalf of the Canadian or non-Canadian to which the information relates, be communicated or disclosed to any person or authority named in the request; or
(b) for any purpose relating to the administration or enforcement of this Act, be communicated or disclosed to a minister of the Crown in right of Canada or a province or to an officer or employee of Her Majesty in right of Canada or a province.
Marginal note:Exceptions
(4) Nothing in this section prohibits the communication or disclosure of
(a) information for the purposes of legal proceedings relating to the administration or enforcement of this Act;
(b) information contained in any written undertaking given to Her Majesty in right of Canada relating to an investment that the Minister is satisfied or is deemed to be satisfied is likely to be of net benefit to Canada;
(c) information to which the public has access;
(d) information the communication or disclosure of which has been authorized in writing by the Canadian or the non-Canadian to which the information relates;
(e) information contained in
(i) any receipt sent pursuant to subsection 13(1) relating to an investment that is not reviewable pursuant to subsection 13(3),
(ii) any notice sent under subsection 21(1) or (2), 22(2) or (3) or 23(3), or
(iii) any demand sent by the Minister under section 39; or
(f) information to which a person is otherwise legally entitled.
Marginal note:Non-disclosure
(5) No minister of the Crown and no officer or employee of Her Majesty in right of Canada or a province may be required, in connection with any legal proceedings or otherwise, to give evidence relating to or otherwise to communicate or disclose any information referred to in paragraph (4)(b) where, in the opinion of the Minister or a person designated by the Minister, the communication or disclosure of that information is not necessary for any purpose relating to the administration or enforcement of this Act and would prejudicially affect the non-Canadian that gave the written undertaking referred to in that paragraph in the conduct of the business affairs of that non-Canadian.
- R.S., 1985, c. 28 (1st Supp.), s. 36
- 1995, c. 1, s. 50
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