Access to Information Act

Marginal note:Information obtained in confidence

• 13 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained in confidence from

  • (a) the government of a foreign state or an institution thereof;

  • (b) an international organization of states or an institution thereof;

  • (c) the government of a province or an institution thereof;

  • (d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government; or

  • (e) an aboriginal government.

• Marginal note:Where disclosure authorized

  (2) The head of a government institution may disclose any record requested under this Part that contains information described in subsection (1) if the government, organization or institution from which the information was obtained

  • (a) consents to the disclosure; or

  • (b) makes the information public.

• Marginal note:Definition of aboriginal government

  (3) The expression aboriginal government in paragraph (1)(e) means

  • (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;

  • (b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act;

  • (c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act;

  • (d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act;

  • (e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act;

  • (e.1) the Tla’amin Government, as defined in subsection 2(2) of the Tla’amin Final Agreement Act;

  • (f) the Tsawwassen Government, as defined in subsection 2(2) of the Tsawwassen First Nation Final Agreement Act;

  • (f.1) the Cree Nation Government, as defined in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act or a Cree First Nation, as defined in subsection 2(2) of that Act;

  • (g) a Maanulth Government, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act;

  • (h) Sioux Valley Dakota Oyate Government, within the meaning of subsection 2(2) of the Sioux Valley Dakota Nation Governance Act;

  • (h.1) the Whitecap Dakota Government, as defined in section 2 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act;

  • (i) the council of a participating First Nation, as defined in section 2 of the Anishinabek Nation Education Agreement Act; or

  • (j) a First Nation Government or the Anishinabek Nation Government, as defined in section 2 of the Anishinabek Nation Governance Agreement Act, or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement, as defined in section 2 of that Act.