Access to Information Act

Marginal note:Certificate under Canada Evidence Act

• 69.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information.

• Marginal note:Certificate following filing of complaint

  (2) Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information,

  • (a) all proceedings under this Part in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

  • (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

  • (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.