Access to Information Act

Marginal note:Law enforcement and investigations

• 16 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains

  • (a) information obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to

    • (i) the detection, prevention or suppression of crime,

    • (ii) the enforcement of any law of Canada or a province, or

    • (iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,

    if the record came into existence less than twenty years prior to the request;

  • (b) information relating to investigative techniques or plans for specific lawful investigations;

  • (c) information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information

    • (i) relating to the existence or nature of a particular investigation,

    • (ii) that would reveal the identity of a confidential source of information, or

    • (iii) that was obtained or prepared in the course of an investigation; or

  • (d) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.

• Marginal note:Security

  (2) The head of a government institution may refuse to disclose any record requested under this Part that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information

  • (a) on criminal methods or techniques;

  • (b) that is technical information relating to weapons or potential weapons; or

  • (c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.

• Marginal note:Policing services for provinces or municipalities

  (3) The head of a government institution shall refuse to disclose any record requested under this Part that contains information that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality agreed not to disclose such information.

• Definition of investigation

  (4) For the purposes of paragraphs (1)(b) and (c), investigation means an investigation that

  • (a) pertains to the administration or enforcement of an Act of Parliament;

  • (b) is authorized by or pursuant to an Act of Parliament; or

  • (c) is within a class of investigations specified in the regulations.