Access to Information Act (R.S.C., 1985, c. A-1)

Act current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

Marginal note:No summons

65. The Information Commissioner or any person acting on behalf or under the direction of the Commissioner is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act during an investigation, in any proceedings other than a prosecution for an offence under this Act, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, a review before the Court under this Act or an appeal therefrom.

  • R.S., 1985, c. A-1, s. 65;
  • R.S., 1985, c. 27 (1st Supp.), s. 187.
Marginal note:Protection of Information Commissioner

  • 66. (1) No criminal or civil proceedings lie against the Information Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act.

  • Marginal note:Libel or slander

    (2) For the purposes of any law relating to libel or slander,

    • (a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation by or on behalf of the Information Commissioner under this Act is privileged; and

    • (b) any report made in good faith by the Information Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

  • 1980-81-82-83, c. 111, Sch. I “66”.

OFFENCES

Marginal note:Obstruction

  • 67. (1) No person shall obstruct the Information Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Act.

  • Marginal note:Offence and punishment

    (2) Every person who contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

  • 1980-81-82-83, c. 111, Sch. I “67”.
Marginal note:Obstructing right of access

  • 67.1 (1) No person shall, with intent to deny a right of access under this Act,

    • (a) destroy, mutilate or alter a record;

    • (b) falsify a record or make a false record;

    • (c) conceal a record; or

    • (d) direct, propose, counsel or cause any person in any manner to do anything mentioned in any of paragraphs (a) to (c).

  • Marginal note:Offence and punishment

    (2) Every person who contravenes subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding $10,000, or to both; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months or to a fine not exceeding $5,000, or to both.

  • 1999, c. 16, s. 1.