Short Title

Marginal note:Short title

1 This Act may be cited as the Access to Information Act.

Purpose of Act

Marginal note:Purpose of Act

• 2 (1) The purpose of this Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions.

• Marginal note:Specific purposes of Parts 1 and 2

  (2) In furtherance of that purpose,

  • (a) Part 1 extends the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government; and

  • (b) Part 2 sets out requirements for the proactive publication of information.

• Marginal note:Complementary procedures

  (3) This Act is also intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

Interpretation

Marginal note:Definitions

3 In this Act,

alternative format

alternative format, with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; (support de substitution)

business day

business day means a day other than

• (a) a Saturday;

• (b) a Sunday or other holiday; and

• (c) a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)

Court

Court means the Federal Court; (Cour)

designated Minister

designated Minister means a person who is designated as the Minister under subsection 3.2(1); (ministre désigné)

foreign state

foreign state means any state other than Canada; (État étranger)

government institution

government institution means

• (a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and

• (b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; (institution fédérale)

head

head, in respect of a government institution, means

• (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

• (b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)

Information Commissioner

Information Commissioner means the Commissioner appointed under section 54; (Commissaire à l’information)

personal information

personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels)

record

record means any documentary material, regardless of medium or form; (document)

sensory disability

sensory disability means a disability that relates to sight or hearing; (déficience sensorielle)

third party

third party, in respect of a request for access to a record under Part 1, means any person, group of persons or organization other than the person that made the request or a government institution. (tiers)

Marginal note:For greater certainty

• 3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.

• Marginal note:For greater certainty

  (2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.

Marginal note:For greater certainty

3.1 For greater certainty, for the purposes of this Act, information that relates to the general administration of a government institution includes information that relates to expenses paid by the institution for travel, including lodging, and hospitality.

Designation

Marginal note:Power to designate Minister

• 3.2 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

• Marginal note:Power to designate head

  (2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.

PART 1Access to Government Records

Access

Right of Access

Marginal note:Right to access to records

• 4 (1) Subject to this Part, but notwithstanding any other Act of Parliament, every person who is

  • (a) a Canadian citizen, or

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

  has a right to and shall, on request, be given access to any record under the control of a government institution.

• Marginal note:Extension of right by order

  (2) The Governor in Council may, by order, extend the right to be given access to records under subsection (1) to include persons not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate.

• Marginal note:Responsibility of government institutions

  (2.1) The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested.

• Marginal note:Records produced from machine readable records

  (3) For the purposes of this Part, any record requested under this Part that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution.

Information about Government Institutions

Marginal note:Publication on government institutions

• 5 (1) The designated Minister shall cause to be published, on a periodic basis not less frequently than once each year, a publication containing

  • (a) a description of the organization and responsibilities of each government institution, including details on the programs and functions of each division or branch of each government institution;

  • (b) a description of all classes of records under the control of each government institution in sufficient detail to facilitate the exercise of the right of access under this Part;

  • (c) a description of all manuals used by employees of each government institution in administering or carrying out any of the programs or activities of the government institution; and

  • (d) the title and address of the appropriate officer for each government institution to whom requests for access to records under this Part should be sent.

• Marginal note:Bulletin

  (2) The designated Minister shall cause to be published, at least twice each year, a bulletin to bring the material contained in the publication published under subsection (1) up to date and to provide to the public other useful information relating to the operation of this Act.

• Marginal note:Descriptions in publication and bulletins

  (3) Any description that is required to be included in the publication or bulletins published under subsection (1) or (2) may be formulated in such a manner that the description does not itself constitute information on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part.

• Marginal note:Publication and bulletin to be made available

  (4) The designated Minister shall cause the publication referred to in subsection (1) and the bulletin referred to in subsection (2) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access thereto.

Requests for Access

Marginal note:Request for access to record

6 A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort.

Marginal note:Reasons for declining to act on request

• 6.1 (1) With the Information Commissioner’s written approval, the head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution, the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records.

• Marginal note:Limitation

  (1.1) The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.

• Marginal note:Time limit suspended

  (1.2) If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing.

• Marginal note:Notice — suspension

  (1.3) The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act.

• Marginal note:Notice — end of suspension

  (1.4) If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).

• Marginal note:Notice

  (2) If the head of a government institution declines to act on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so.

Marginal note:Notice where access requested

7 Where access to a record is requested under this Part, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,

• (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

• (b) if access is to be given, give the person who made the request access to the record or part thereof.

Marginal note:Transfer of request

• 8 (1) Where a government institution receives a request for access to a record under this Part and the head of the institution considers that another government institution has a greater interest in the record, the head of the institution may, subject to such conditions as may be prescribed by regulation, within fifteen days after the request is received, transfer the request and, if necessary, the record to the other government institution, in which case the head of the institution transferring the request shall give written notice of the transfer to the person who made the request.

• Marginal note:Deeming provision

  (2) For the purposes of section 7, where a request is transferred under subsection (1), the request shall be deemed to have been made to the government institution to which it was transferred on the day the government institution to which the request was originally made received it.

• Marginal note:Meaning of greater interest

  (3) For the purpose of subsection (1), a government institution has a greater interest in a record if

  • (a) the record was originally produced in or for the institution; or

  • (b) in the case of a record not originally produced in or for a government institution, the institution was the first government institution to receive the record or a copy thereof.

Marginal note:Extension of time limits

• 9 (1) The head of a government institution may extend the time limit set out in section 7 or subsection 8(1) in respect of a request under this Part for a reasonable period of time, having regard to the circumstances, if

  • (a) the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution,

  • (b) consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or

  • (c) notice of the request is given pursuant to subsection 27(1)

  by giving notice of the extension and, in the circumstances set out in paragraph (a) or (b), the length of the extension, to the person who made the request within thirty days after the request is received, which notice shall contain a statement that the person has a right to make a complaint to the Information Commissioner about the extension.

• Marginal note:Notice of extension to Information Commissioner

  (2) Where the head of a government institution extends a time limit under subsection (1) for more than thirty days, the head of the institution shall give notice of the extension to the Information Commissioner at the same time as notice is given under subsection (1).

Marginal note:Where access is refused

• 10 (1) Where the head of a government institution refuses to give access to a record requested under this Part or a part thereof, the head of the institution shall state in the notice given under paragraph 7(a)

  • (a) that the record does not exist, or

  • (b) the specific provision of this Part on which the refusal was based or, where the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed,

  and shall state in the notice that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal.

• Marginal note:Existence of a record not required to be disclosed

  (2) The head of a government institution may but is not required to indicate under subsection (1) whether a record exists.

• Marginal note:Deemed refusal to give access

  (3) Where the head of a government institution fails to give access to a record requested under this Part or a part thereof within the time limits set out in this Part, the head of the institution shall, for the purposes of this Part, be deemed to have refused to give access.

Marginal note:Application fee

• 11 (1) Subject to this section, a person who makes a request for access to a record under this Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation.

• Marginal note:Waiver

  (2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.

Access Given

Marginal note:Access to record

• 12 (1) A person who is given access to a record or a part thereof under this Part shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof.

• Marginal note:Language of access

  (2) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language

  • (a) forthwith, if the record or part thereof already exists under the control of a government institution in that language; or

  • (b) within a reasonable period of time, if the head of the government institution that has control of the record considers it to be in the public interest to cause a translation to be prepared.

• Marginal note:Access to record in alternative format

  (3) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given has a sensory disability and requests that access be given in an alternative format, a copy of the record or part thereof shall be given to the person in an alternative format

  • (a) forthwith, if the record or part thereof already exists under the control of a government institution in an alternative format that is acceptable to that person; or

  • (b) within a reasonable period of time, if the head of the government institution that has control of the record considers the giving of access in an alternative format to be necessary to enable the person to exercise the person’s right of access under this Part and considers it reasonable to cause that record or part thereof to be converted.

Exemptions

Responsibilities of Government

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;

  • (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.

Marginal note:Federal-provincial affairs

14 The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs, including, without restricting the generality of the foregoing, any such information

• (a) on federal-provincial consultations or deliberations; or

• (b) on strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial affairs.

Marginal note:International affairs and defence

• 15 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, including, without restricting the generality of the foregoing, any such information

  • (a) relating to military tactics or strategy, or relating to military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention or suppression of subversive or hostile activities;

  • (b) relating to the quantity, characteristics, capabilities or deployment of weapons or other defence equipment or of anything being designed, developed, produced or considered for use as weapons or other defence equipment;

  • (c) relating to the characteristics, capabilities, performance, potential, deployment, functions or role of any defence establishment, of any military force, unit or personnel or of any organization or person responsible for the detection, prevention or suppression of subversive or hostile activities;

  • (d) obtained or prepared for the purpose of intelligence relating to

    • (i) the defence of Canada or any state allied or associated with Canada, or

    • (ii) the detection, prevention or suppression of subversive or hostile activities;

  • (e) obtained or prepared for the purpose of intelligence respecting foreign states, international organizations of states or citizens of foreign states used by the Government of Canada in the process of deliberation and consultation or in the conduct of international affairs;

  • (f) on methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (d) or (e) or on sources of such information;

  • (g) on the positions adopted or to be adopted by the Government of Canada, governments of foreign states or international organizations of states for the purpose of present or future international negotiations;

  • (h) that constitutes diplomatic correspondence exchanged with foreign states or international organizations of states or official correspondence exchanged with Canadian diplomatic missions or consular posts abroad; or

  • (i) relating to the communications or cryptographic systems of Canada or foreign states used

    • (i) for the conduct of international affairs,

    • (ii) for the defence of Canada or any state allied or associated with Canada, or

    • (iii) in relation to the detection, prevention or suppression of subversive or hostile activities.

• Marginal note:Definitions

  (2) In this section,

  defence of Canada or any state allied or associated with Canada

  defence of Canada or any state allied or associated with Canada includes the efforts of Canada and of foreign states toward the detection, prevention or suppression of activities of any foreign state directed toward actual or potential attack or other acts of aggression against Canada or any state allied or associated with Canada; (défense du Canada ou d’États alliés ou associés avec le Canada)

  subversive or hostile activities

  subversive or hostile activities means

  • (a) espionage against Canada or any state allied or associated with Canada,

  • (b) sabotage,

  • (c) activities directed toward the commission of terrorist acts, including hijacking, in or against Canada or foreign states,

  • (d) activities directed toward accomplishing government change within Canada or foreign states by the use of or the encouragement of the use of force, violence or any criminal means,

  • (e) activities directed toward gathering information used for intelligence purposes that relates to Canada or any state allied or associated with Canada, and

  • (f) activities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada. (activités hostiles ou subversives)

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.

Marginal note:Records relating to investigations, examinations and audits

• 16.1 (1) The following heads of government institutions shall refuse to disclose any record requested under this Part that contains information that was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by them or under their authority:

  • (a) the Auditor General of Canada;

  • (b) the Commissioner of Official Languages for Canada;

  • (c) the Information Commissioner; and

  • (d) the Privacy Commissioner.

• Marginal note:Exception

  (2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.

Marginal note:Records relating to investigations

• 16.2 (1) The Commissioner of Lobbying shall refuse to disclose any record requested under this Part that contains information that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by or under the authority of the Commissioner.

• Marginal note:Exception

  (2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.

Marginal note:Investigations, examinations and reviews under the Canada Elections Act

16.3 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may refuse to disclose any record requested under this Part that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the Canada Elections Act.

16.31 [Repealed, 2018, c. 31, s. 391]

Marginal note:Public Sector Integrity Commissioner

• 16.4 (1) The Public Sector Integrity Commissioner shall refuse to disclose any record requested under this Part that contains information

  • (a) obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act; or

  • (b) received by a conciliator in the course of attempting to reach a settlement of a complaint filed under subsection 19.1(1) of that Act.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed.

Marginal note:Public Servants Disclosure Protection Act

16.5 The head of a government institution shall refuse to disclose any record requested under this Part that contains information created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.

Marginal note:Secretariat of National Security and Intelligence Committee of Parliamentarians

16.6 The Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose any record requested under this Part that contains information obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.

Marginal note:Safety of individuals

17 The head of a government institution may refuse to disclose any record requested under this Part that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals.

Marginal note:Economic interests of Canada

18 The head of a government institution may refuse to disclose any record requested under this Part that contains

• (a) trade secrets or financial, commercial, scientific or technical information that belongs to the Government of Canada or a government institution and has substantial value or is reasonably likely to have substantial value;

• (b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution or to interfere with contractual or other negotiations of a government institution;

• (c) scientific or technical information obtained through research by an officer or employee of a government institution, the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication; or

• (d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to

  • (i) the currency, coinage or legal tender of Canada,

  • (ii) a contemplated change in the rate of bank interest or in government borrowing,

  • (iii) a contemplated change in tariff rates, taxes, duties or any other revenue source,

  • (iv) a contemplated change in the conditions of operation of financial institutions,

  • (v) a contemplated sale or purchase of securities or of foreign or Canadian currency, or

  • (vi) a contemplated sale or acquisition of land or property.

Marginal note:Economic interests of certain government institutions

• 18.1 (1) The head of a government institution may refuse to disclose a record requested under this Part that contains trade secrets or financial, commercial, scientific or technical information that belongs to, and has consistently been treated as confidential by,

  • (a) the Canada Post Corporation;

  • (b) Export Development Canada;

  • (c) the Public Sector Pension Investment Board; or

  • (d) VIA Rail Canada Inc.

• Marginal note:Exceptions

  (2) However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to

  • (a) the general administration of an institution referred to in any of paragraphs (1)(a) to (d); or

  • (b) any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.

Personal Information

Marginal note:Personal information

• 19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Part that contains personal information.

• Marginal note:Where disclosure authorized

  (2) The head of a government institution may disclose any record requested under this Part that contains personal information if

  • (a) the individual to whom it relates consents to the disclosure;

  • (b) the information is publicly available; or

  • (c) the disclosure is in accordance with section 8 of the Privacy Act.

Third Party Information

Marginal note:Third party information

• 20 (1) Subject to this section, the head of a government institution shall refuse to disclose any record requested under this Part that contains

  • (a) trade secrets of a third party;

  • (b) financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party;

  • (b.1) information that is supplied in confidence to a government institution by a third party for the preparation, maintenance, testing or implementation by the government institution of emergency management plans within the meaning of section 2 of the Emergency Management Act and that concerns the vulnerability of the third party’s buildings or other structures, its networks or systems, including its computer or communications networks or systems, or the methods used to protect any of those buildings, structures, networks or systems;

  • (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party; or

  • (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.

• Marginal note:Product or environmental testing

  (2) The head of a government institution shall not, pursuant to subsection (1), refuse to disclose a part of a record if that part contains the results of product or environmental testing carried out by or on behalf of a government institution unless the testing was done as a service to a person, a group of persons or an organization other than a government institution and for a fee.

• Marginal note:Methods used in testing

  (3) Where the head of a government institution discloses a record requested under this Part, or a part thereof, that contains the results of product or environmental testing, the head of the institution shall at the same time as the record or part thereof is disclosed provide the person who requested the record with a written explanation of the methods used in conducting the tests.

• Marginal note:Preliminary testing

  (4) For the purposes of this section, the results of product or environmental testing do not include the results of preliminary testing conducted for the purpose of developing methods of testing.

• Marginal note:Disclosure if a supplier consents

  (5) The head of a government institution may disclose any record that contains information described in subsection (1) with the consent of the third party to whom the information relates.

• Marginal note:Disclosure authorized if in public interest

  (6) The head of a government institution may disclose all or part of a record requested under this Part that contains information described in any of paragraphs (1)(b) to (d) if

  • (a) the disclosure would be in the public interest as it relates to public health, public safety or protection of the environment; and

  • (b) the public interest in disclosure clearly outweighs in importance any financial loss or gain to a third party, any prejudice to the security of its structures, networks or systems, any prejudice to its competitive position or any interference with its contractual or other negotiations.

Marginal note:Public Sector Pension Investment Board

20.1 The head of the Public Sector Pension Investment Board shall refuse to disclose a record requested under this Part that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential.

Marginal note:Canada Pension Plan Investment Board

20.2 The head of the Canada Pension Plan Investment Board shall refuse to disclose a record requested under this Part that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential.

Marginal note:National Arts Centre Corporation

20.4 The head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Part if the disclosure would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential.

Operations of Government

Marginal note:Advice, etc.

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

  • (a) advice or recommendations developed by or for a government institution or a minister of the Crown,

  • (b) an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate,

  • (c) positions or plans developed for the purpose of negotiations carried on or to be carried on by or on behalf of the Government of Canada and considerations relating thereto, or

  • (d) plans relating to the management of personnel or the administration of a government institution that have not yet been put into operation,

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

• Marginal note:Exercise of a discretionary power or an adjudicative function

  (2) Subsection (1) does not apply in respect of a record that contains

  • (a) an account of, or a statement of reasons for, a decision that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of a person; or

  • (b) a report prepared by a consultant or an adviser who was not a director, an officer or an employee of a government institution or a member of the staff of a minister of the Crown at the time the report was prepared.

Marginal note:Testing procedures, tests and audits

22 The head of a government institution may refuse to disclose any record requested under this Part that contains information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted if the disclosure would prejudice the use or results of particular tests or audits.

Marginal note:Internal audits

• 22.1 (1) The head of a government institution may refuse to disclose any record requested under this Part that contains a draft report of an internal audit of a government institution or any related audit working paper if the record came into existence less than fifteen years before the request was made.

• Marginal note:Exception

  (2) However, the head of a government institution shall not refuse under subsection (1) to disclose a draft report of an internal audit of a government institution if a final report of the audit has been published or if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced.

Marginal note:Protected information — solicitors, advocates and notaries

23 The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

Marginal note:Protected information — patents and trademarks

23.1 The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act.

Statutory Prohibitions

Marginal note:Statutory prohibitions against disclosure

• 24 (1) The head of a government institution shall refuse to disclose any record requested under this Part that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II.

• (2) [Repealed, 2019, c. 18, s. 11]

Marginal note:Severability

25 Notwithstanding any other provision of this Part, where a request is made to a government institution for access to a record that the head of the institution is authorized to refuse to disclose under this Part by reason of information or other material contained in the record, the head of the institution shall disclose any part of the record that does not contain, and can reasonably be severed from any part that contains, any such information or material.

Refusal of Access

Marginal note:Refusal of access if information to be published

26 The head of a government institution may refuse to disclose any record requested under this Part or any part of a record if the head of the institution believes on reasonable grounds that the material in the record or in part of the record will be published by a government institution, agent of the Government of Canada or minister of the Crown — other than under Part 2 — within 90 days after the request is made or within any further period of time that may be necessary for printing or translating the material for the purpose of printing it.

Third Party Intervention

Marginal note:Notice to third parties

• 27 (1) If the head of a government institution intends to disclose a record requested under this Part that contains or that the head has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party, or information the disclosure of which the head can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the head shall make every reasonable effort to give the third party written notice of the request and of the head’s intention to disclose within 30 days after the request is received.

• Marginal note:Waiver of notice

  (2) Any third party to whom a notice is required to be given under subsection (1) in respect of an intended disclosure may waive the requirement, and where the third party has consented to the disclosure the third party shall be deemed to have waived the requirement.

• Marginal note:Contents of notice

  (3) A notice given under subsection (1) shall include

  • (a) a statement that the head of the government institution giving the notice intends to release a record or a part thereof that might contain material or information described in subsection (1);

  • (b) a description of the contents of the record or part thereof that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and

  • (c) a statement that the third party may, within twenty days after the notice is given, make representations to the head of the government institution that has control of the record as to why the record or part thereof should not be disclosed.

• Marginal note:Extension of time limit

  (4) The head of a government institution may extend the time limit set out in subsection (1) in respect of a request under this Part where the time limit set out in section 7 is extended under paragraph 9(1)(a) or (b) in respect of the same request, but any extension under this subsection shall be for a period no longer than the period of the extension under section 9.

Marginal note:Representations of third party and decision

• 28 (1) Where a notice is given by the head of a government institution under subsection 27(1) to a third party in respect of a record or a part thereof,

  • (a) the third party shall, within twenty days after the notice is given, be given the opportunity to make representations to the head of the institution as to why the record or the part thereof should not be disclosed; and

  • (b) the head of the institution shall, within thirty days after the notice is given, if the third party has been given an opportunity to make representations under paragraph (a), make a decision as to whether or not to disclose the record or the part thereof and give written notice of the decision to the third party.

• Marginal note:Representations to be made in writing

  (2) Representations made by a third party under paragraph (1)(a) shall be made in writing unless the head of the government institution concerned waives that requirement, in which case they may be made orally.

• Marginal note:Contents of notice of decision to disclose

  (3) A notice given under paragraph (1)(b) of a decision to disclose a record requested under this Part or a part thereof shall include

  • (a) a statement that the third party to whom the notice is given is entitled to request a review of the decision under section 44 within twenty days after the notice is given; and

  • (b) a statement that the person who requested access to the record will be given access thereto or to the part thereof unless, within twenty days after the notice is given, a review of the decision is requested under section 44.

• Marginal note:Disclosure of record

  (4) Where, pursuant to paragraph (1)(b), the head of a government institution decides to disclose a record requested under this Part or a part thereof, the head of the institution shall give the person who made the request access to the record or the part thereof forthwith on completion of twenty days after a notice is given under that paragraph, unless a review of the decision is requested under section 44.

29 [Repealed, 2019, c. 18, s. 12]

Complaints

Marginal note:Receipt and investigation of complaints

• 30 (1) Subject to this Part, the Information Commissioner shall receive and investigate complaints

  • (a) from persons who have been refused access to a record requested under this Part or a part thereof;

  • (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable;

  • (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable;

  • (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate;

  • (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate;

  • (e) in respect of any publication or bulletin referred to in section 5; or

  • (f) in respect of any other matter relating to requesting or obtaining access to records under this Part.

• Marginal note:Complaints submitted on behalf of complainants

  (2) Nothing in this Part precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.

• Marginal note:Information Commissioner may initiate complaint

  (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof.

• Marginal note:Reasons for refusing or ceasing to investigate

  (4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion,

  • (a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or

  • (b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner.

• Marginal note:Notice

  (5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to

  • (a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint;

  • (b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;

  • (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and

  • (d) the Privacy Commissioner, if the Information Commissioner consulted him or her under subsection 36(1.1) or section 36.2.

Marginal note:Written complaint

31 A complaint under this Part shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds for the complaint exist.

Investigations

Marginal note:Notice of intention to investigate

32 Before commencing an investigation of a complaint under this Part, the Information Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint.

Marginal note:Notice to third parties

33 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof and receives a notice under section 32 of a complaint in respect of the refusal, the head of the institution shall forthwith advise the Information Commissioner of any third party that the head of the institution has notified under subsection 27(1) in respect of the request or would have notified under that subsection if the head of the institution had intended to disclose the record or part thereof.

Marginal note:Regulation of procedure

34 Subject to this Part, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Part.

Marginal note:Investigations in private

• 35 (1) Every investigation of a complaint under this Part by the Information Commissioner shall be conducted in private.

• Marginal note:Right to make representations

  (2) In the course of an investigation of a complaint under this Part by the Information Commissioner, a reasonable opportunity to make representations shall be given to

  • (a) the person who made the complaint,

  • (b) the head of the government institution concerned,

  • (c) a third party if

    • (i) the Information Commissioner intends to make an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and

    • (ii) the third party can reasonably be located, and

  • (d) the Privacy Commissioner, if the Information Commissioner consults him or her under subsection 36(1.1) or section 36.2.

  However no one is entitled as of right to be present during, to have access to or to comment on representations made to the Information Commissioner by any other person.

Marginal note:Powers of Information Commissioner in carrying out investigations

• 36 (1) The Information Commissioner has, in relation to the carrying out of the investigation of any complaint under this Part, power

  • (a) to summon and enforce the appearance of persons before the Information Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record;

  • (b) to administer oaths;

  • (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Information Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law;

  • (d) to enter any premises occupied by any government institution on satisfying any security requirements of the institution relating to the premises;

  • (e) to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Information Commissioner under this Part as the Commissioner sees fit; and

  • (f) to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation.

• Marginal note:For greater certainty

  (1.1) For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.

• Marginal note:Access to records

  (2) Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Information Commissioner may, during the investigation of any complaint under this Part, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Commissioner on any grounds.

• Marginal note:Protected information — solicitors, advocates and notaries

  (2.1) The Information Commissioner may examine a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the record under section 23.

• Marginal note:For greater certainty

  (2.2) For greater certainty, the disclosure by the head of a government institution to the Information Commissioner of a record that contains information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy.

• Marginal note:Evidence in other proceedings

  (3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, in a prosecution for an offence under section 67, in a review before the Court under this Part or in an appeal from such proceedings, evidence given by a person in proceedings under this Part and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.

• Marginal note:Witness fees

  (4) Any person summoned to appear before the Information Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

• Marginal note:Return of documents, etc.

  (5) Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Information Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section.

Orders and Reports

Marginal note:Power to make order

• 36.1 (1) If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made

  • (a) to disclose the record or a part of the record; and

  • (b) to reconsider their decision to refuse access to the record or a part of the record.

• Marginal note:Limitation

  (2) The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3).

• Marginal note:Condition

  (3) The order may include any condition that the Information Commissioner considers appropriate.

• Marginal note:Effect

  (4) The order takes effect on

  • (a) the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or

  • (b) the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report.

• Marginal note:Deemed date of receipt

  (5) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.

Marginal note:Consulting Privacy Commissioner

36.2 If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner shall consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.

Marginal note:Notice to third parties

• 36.3 (1) If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention.

• Marginal note:Contents of notice

  (2) The notice must include

  • (a) a statement that the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1);

  • (b) a description of the contents of the record or the part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and

  • (c) a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed.

Marginal note:Information Commissioner’s initial report to government institution

• 37 (1) If, on investigating a complaint under this Part, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution concerned with a report that sets out

  • (a) the findings of the investigation and any recommendations that the Commissioner considers appropriate;

  • (b) any order that the Commissioner intends to make; and

  • (c) the period within which the head of the government institution shall give notice to the Commissioner of the action taken or proposed to be taken to implement the order or recommendations set out in the report or reasons why no such action has been or is proposed to be taken.

• Marginal note:Final report to complainant, government institution and other persons

  (2) The Information Commissioner shall, after investigating a complaint under this Part, provide a report that sets out the results of the investigation and any order or recommendations that he or she makes to

  • (a) the complainant;

  • (b) the head of the government institution;

  • (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and

  • (d) the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint. However, no report is to be made under this subsection and no order is to be made until the expiry of the time within which the notice referred to in paragraph (1)(c) is to be given to the Information Commissioner.

• Marginal note:Contents of report

  (3) The Information Commissioner may include in the report referred to in subsection (2) any comments on the matter that he or she thinks fit and shall include in that report

  • (a) a summary of any notice that he or she receives under paragraph (1)(c);

  • (b) a statement that any person to whom the report is provided has the right to apply for a review under section 41, within the period specified for exercising that right, and that the person must comply with section 43 if they exercise that right;

  • (c) a statement that if no person applies for a review within the period specified for doing so, any order set out in the report takes effect in accordance with subsection 36.1(4); and

  • (d) a statement, if applicable, that the Information Commissioner will provide a third party or the Privacy Commissioner with the report.

• Marginal note:Publication

  (3.1) The Information Commissioner may publish the report referred to in subsection (2).

• Marginal note:Limitation

  (3.2) However, the Information Commissioner is not to publish the report until the expiry of the periods to apply to the Court for a review of a matter that are referred to in section 41.

• Marginal note:Access to be given

  (4) If the head of a government institution gives notice to the Information Commissioner under paragraph (1)(c) that access to a record or a part of a record will be given to a complainant, the head of the institution shall give the complainant access to the record or the part of the record

  • (a) on receiving the report under subsection (2) or within any period specified in the Commissioner’s order, if only the complainant and the head of the institution are provided with the report; or

  • (b) on the expiry of the 40th business day after the day on which the head of the government institution receives the report under subsection (2) or within any period specified in the Commissioner’s order that begins on the expiry of that 40th business day, if a third party or the Privacy Commissioner are also provided with the report, unless a review is applied for under section 41.

• Marginal note:Deemed date of receipt

  (5) For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report.

Reports to Parliament

Marginal note:Annual report

38 The Information Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year.

Marginal note:Special reports

• 39 (1) The Information Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 38.

• Marginal note:Where investigation made

  (2) Any report made pursuant to subsection (1) that relates to an investigation under this Part shall be made only after the procedures set out in section 37 have been followed in respect of the investigation.

Marginal note:Transmission of reports

• 40 (1) Every report to Parliament made by the Information Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.

• Marginal note:Reference to Parliamentary committee

  (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling under that subsection, be referred to the committee designated or established by Parliament for the purpose of section 99.

Review by the Federal Court

Marginal note:Review by Federal Court — complainant

• 41 (1) A person who makes a complaint described in any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day on which the head of the government institution receives the report, apply to the Court for a review of the matter that is the subject of the complaint.

• Marginal note:Review by Federal Court — government institution

  (2) The head of a government institution who receives a report under subsection 37(2) may, within 30 business days after the day on which they receive it, apply to the Court for a review of any matter that is the subject of an order set out in the report.

• Marginal note:Review by Federal Court — third parties

  (3) If neither the person who made the complaint nor the head of the government institution makes an application under this section within the period for doing so, a third party who receives a report under subsection 37(2) may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of the application of any exemption provided for under this Part that may apply to a record that might contain information described in subsection 20(1) and that is the subject of the complaint in respect of which the report is made.

• Marginal note:Review by Federal Court — Privacy Commissioner

  (4) If neither the person who made the complaint nor the head of the institution makes an application under this section within the period for doing so, the Privacy Commissioner, if he or she receives a report under subsection 37(2), may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of any matter in relation to the disclosure of a record that might contain personal information and that is the subject of the complaint in respect of which the report is made.

• Marginal note:Respondents

  (5) The person who applies for a review under subsection (1), (3) or (4) may name only the head of the government institution concerned as the respondent to the proceedings. The head of the government institution who applies for a review under subsection (2) may name only the Information Commissioner as the respondent to the proceedings.

• Marginal note:Deemed date of receipt

  (6) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.

Marginal note:Operation of order stayed

• 41.1 (1) Subject to subsection (2), the making of an application under section 41 operates as a stay of any order set out in a report received under subsection 37(2) by the person who made the application until the proceedings are finally concluded.

• Marginal note:Part of order operative

  (2) If all of the persons who received the report agree in writing, any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.

Marginal note:Parties to review

• 41.2 (1) If a person who receives a report under subsection 37(2) applies to the Court for a review under section 41, any other person who received the report under that subsection has the right to appear as a party to the review.

• Marginal note:Scope of proceedings

  (2) If a complainant, a third party or the Privacy Commissioner files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 41(1), they may raise for determination by the Court any matter in respect of which they may make an application under section 41.

• Marginal note:Burden of proof – party

  (3) If a third party or the Privacy Commissioner raises a matter for determination by the court under subsection (2), the burden of establishing that the disclosure of a record requested under this Part or a part of such a record is not authorized is on the person who raises the matter.

Marginal note:Information Commissioner may appear

42 The Information Commissioner may

• (a) appear before the Court on behalf of a complainant; or

• (b) appear as a party to any review applied for under section 41 or, with leave of the Court, as a party to any review applied for under section 44.

Marginal note:Service on head of government institution

• 43 (1) If a complainant, a third party or the Privacy Commissioner makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the head of the government institution who received the report under subsection 37(2).

• Marginal note:Service or notice

  (2) If the head of a government institution makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the persons who are entitled to be provided a report under subsection 37(2) and on the Information Commissioner. However, if the head of the institution is served with a copy of an originating document under subsection (1), he or she shall, as soon as possible after being served, give written notice of the application to those persons and to the Information Commissioner, unless any of those persons or the Commissioner has already been served with a copy of the document.

Marginal note:Third party may apply for review

• 44 (1) Any third party to whom the head of a government institution is required under paragraph 28(1)(b) to give notice of a decision to disclose a record or a part of a record under this Part may, within 20 days after the notice is given, apply to the Court for a review of the matter.

• Marginal note:Notice to person who requested record

  (2) The head of a government institution who has given notice under paragraph 28(1)(b) that a record requested under this Part or a part of such a record will be disclosed shall, on being given notice of an application made under subsection (1) in respect of the disclosure, give written notice of the application to the person who requested access to the record.

• Marginal note:Person who requested access may appear as party

  (3) Any person who has been given notice of an application for a review under subsection (2) may appear as a party to the review.

Marginal note:De novo review

44.1 For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding.

Marginal note:Hearing in summary way

45 An application made under section 41 or 44 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act.

Marginal note:Access to records

46 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41 or 44, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds.

Marginal note:Court to take precautions against disclosing

• 47 (1) In any proceedings before the Court arising from an application under section 41 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera, to avoid the disclosure by the Court or any person of

  • (a) any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or

  • (b) any information as to whether a record exists where the head of a government institution, in refusing to disclose the record under this Part, does not indicate whether it exists.

• Marginal note:Disclosure of offence authorized

  (2) The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence.

Marginal note:Burden of proof — subsection 41(1) or (2)

• 48 (1) In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned.

• Marginal note:Burden of proof — subsection 41(3) or (4)

  (2) In any proceedings before the Court arising from an application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application.

Marginal note:Order of Court where no authorization to refuse disclosure found

49 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof on the basis of a provision of this Part not referred to in section 50, the Court shall, if it determines that the head of the institution is not authorized to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.

Marginal note:Order of Court where reasonable grounds of injury not found

50 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.

Marginal note:Order of Court if authorization to refuse disclosure found

50.1 The Court shall, if it determines that the head of a government institution is authorized to refuse to disclose a record or a part of a record on the basis of a provision of this Part not referred to in section 50 or that the head of the institution has reasonable grounds on which to refuse to disclose a record or a part of a record on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to the matter that is the subject of the proceedings, or shall make any other order that it considers appropriate.

Marginal note:Order of Court — other decisions or actions

50.2 If the subject matter of the proceedings before the Court is the decision or action of the head of a government institution, other than a decision or action referred to in any of sections 49 to 50.1, the Court shall,

• (a) if it determines that the head of the institution is not authorized to make that decision or to take that action, make an order declaring that the head of the institution is required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate; or

• (b) if it determines that the head of the institution is authorized to make that decision or to take that action, make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate.

Marginal note:Incompatible provisions

50.3 An order of the Court made under any of sections 49 to 50.2 has the effect of rescinding the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order.

Marginal note:Court to specify rescinded provisions

50.4 The Court must specify in any order that it makes under any of sections 49 to 50.2 the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are rescinded under section 50.3.

Marginal note:Order of Court not to disclose record

51 Where the Court determines, after considering an application under section 44, that the head of a government institution is required to refuse to disclose a record or part of a record, the Court shall order the head of the institution not to disclose the record or part thereof or shall make such other order as the Court deems appropriate.

Marginal note:Applications relating to international affairs or defence

• 52 (1) An application under section 41 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications.

• Marginal note:Special rules for hearings

  (2) An application referred to in subsection (1) or an appeal brought in respect of such application shall

  • (a) be heard in camera; and

  • (b) on the request of the head of the government institution concerned, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Ex parte representations

  (3) During the hearing of an application referred to in subsection (1) or an appeal brought in respect of such application, the head of the government institution concerned shall, on the request of the head of the institution, be given the opportunity to make representations ex parte.

Marginal note:Costs

• 53 (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Part shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.

• Marginal note:Costs — important new principle

  (2) If the Court is of the opinion that an application for review under section 41 has raised an important new principle in relation to this Part, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.

Office of the Information Commissioner

Information Commissioner

Marginal note:Appointment

• 54 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

• Marginal note:Tenure

  (2) Subject to this section, the Information Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

• Marginal note:Further terms

  (3) The Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

• Marginal note:Interim appointment

  (4) In the event of the absence or incapacity of the Information Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Marginal note:Rank, powers and duties generally

• 55 (1) The Information Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of Information Commissioner under this Part or under any other Act of Parliament and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.

• Marginal note:Salary and expenses

  (2) The Information Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Part or under any other Act of Parliament.

• Marginal note:Pension benefits

  (3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Information Commissioner, except that a person appointed as Information Commissioner from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Information Commissioner from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

• Marginal note:Other benefits

  (4) The Information Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Assistant Information Commissioner

Marginal note:Appointment of Assistant Information Commissioner

• 56 (1) The Governor in Council may, on the recommendation of the Information Commissioner, appoint one or more Assistant Information Commissioners.

• Marginal note:Tenure of office and removal of Assistant Information Commissioner

  (2) Subject to this section, an Assistant Information Commissioner holds office during good behaviour for a term not exceeding five years.

• Marginal note:Further terms

  (3) An Assistant Information Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding five years.

Marginal note:Duties generally

• 57 (1) An Assistant Information Commissioner shall engage exclusively in such duties or functions of the office of the Information Commissioner under this Part or under any other Act of Parliament as are delegated by the Information Commissioner to that Assistant Information Commissioner and shall not hold any other office under Her Majesty for reward or engage in any other employment for reward.

• Marginal note:Salary and expenses

  (2) An Assistant Information Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this Part or under any other Act of Parliament as the Information Commissioner considers reasonable.

• Marginal note:Pension benefits

  (3) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to an Assistant Information Commissioner.

• Marginal note:Other benefits

  (4) An Assistant Information Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Staff

Marginal note:Staff of the Information Commissioner

• 58 (1) Such officers and employees as are necessary to enable the Information Commissioner to perform the duties and functions of the Commissioner under this Part or under any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (2) The Information Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Part or under any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Delegation

Marginal note:Delegation by Information Commissioner

• 59 (1) Subject to subsection (2), the Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Part or under any other Act of Parliament except

  • (a) in any case other than a delegation to an Assistant Information Commissioner, the power to delegate under this section; and

  • (b) in any case, the powers, duties or functions set out in sections 36.1, 38 and 39.

• Marginal note:Investigations relating to international affairs and defence

  (2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a complaint resulting from a refusal by the head of a government institution to disclose all or part of a record under paragraph 13(1)(a) or (b) or section 15 except to one of eight officers or employees — or one of any greater number of officers or employees fixed by the designated Minister — specifically designated by the Commissioner for the purpose of conducting those investigations.

• Marginal note:Delegation by Assistant Information Commissioner

  (3) An Assistant Information Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Information Commissioner may specify, any of the powers, duties or functions of the Information Commissioner under this Part or under any other Act of Parliament that the Assistant Information Commissioner is authorized by the Information Commissioner to exercise or perform.

General

Marginal note:Principal office

60 The principal office of the Information Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.

Marginal note:Security requirements

61 The Information Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Part or under any other Act of Parliament shall, with respect to access to and the use of that information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of that information.

Marginal note:Confidentiality

62 Subject to this Part, the Information Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Part.

Marginal note:Disclosure authorized

• 63 (1) The Information Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information

  • (a) that, in the opinion of the Commissioner, is necessary to

    • (i) carry out an investigation under this Part, or

    • (ii) establish the grounds for findings, recommendations and orders set out in any report under this Part; or

  • (b) in the course of a prosecution for an offence under this Part, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, a review before the Court under this Part or an appeal therefrom.

• Marginal note:Disclosure of offence authorized

  (2) The Information Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.

Marginal note:Information not to be disclosed

64 In carrying out an investigation under this Part and in any report published under subsection 37(3.1) or made to Parliament under section 38 or 39, the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner shall take every reasonable precaution to avoid the disclosure of, and shall not disclose,

• (a) any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or

• (b) any information as to whether a record exists where the head of a government institution, in refusing to give access to the record under this Part, does not indicate whether it exists.

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 Part during an investigation, in any proceedings other than a prosecution for an offence under this Part, a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part, a review before the Court under this Part or an appeal therefrom.

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 Part.

• 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 Part is privileged; and

  • (b) any report made in good faith by the Information Commissioner under this Part 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.

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 Part.

• 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.

Marginal note:Obstructing right of access

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

  • (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.

Exclusions

Marginal note:Part 1 does not apply to certain materials

68 This Part does not apply to

• (a) published material, other than material published under Part 2, or material available for purchase by the public;

• (b) library or museum material preserved solely for public reference or exhibition purposes; or

• (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.

Marginal note:Canadian Broadcasting Corporation

68.1 This Part does not apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities, other than information that relates to its general administration.

Marginal note:Atomic Energy of Canada Limited

68.2 This Part does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates to

• (a) its general administration; or

• (b) its operation of any nuclear facility within the meaning of section 2 of the Nuclear Safety and Control Act that is subject to regulation by the Canadian Nuclear Safety Commission established under section 8 of that Act.

Marginal note:Confidences of the Queen’s Privy Council for Canada

• 69 (1) This Part does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,

  • (a) memoranda the purpose of which is to present proposals or recommendations to Council;

  • (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;

  • (c) agenda of Council or records recording deliberations or decisions of Council;

  • (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

  • (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);

  • (f) draft legislation; and

  • (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).

• Definition of Council

  (2) For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.

• Marginal note:Exception

  (3) Subsection (1) does not apply to

  • (a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or

  • (b) discussion papers described in paragraph (1)(b)

    • (i) if the decisions to which the discussion papers relate have been made public, or

    • (ii) where the decisions have not been made public, if four years have passed since the decisions were made.

Marginal note:Certificate under Canada Evidence Act

• 69.1 (1) Where a certificate under section 38.13 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) Notwithstanding any other provision of this Part, where a certificate under section 38.13 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.

Designated Minister’s Duties and Functions

Marginal note:Duties and functions of designated Minister

• 70 (1) Subject to subsection (2), the designated Minister shall

  • (a) cause to be kept under review the manner in which records under the control of government institutions are maintained and managed to ensure compliance with the provisions of this Part and the regulations relating to access to records;

  • (b) prescribe any forms that may be required for the operation of this Part and the regulations made under this Part;

  • (c) cause to be prepared and distributed to government institutions directives and guidelines concerning the operation of this Part and the regulations made under this Part; and

  • (c.1) [Repealed, 2019, c. 18, s. 33]

  • (d) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Part and the regulations relating to access to records and cause to be published on an annual basis a report containing a summary of those statistics.

• Marginal note:Duties and functions of designated Minister

  (1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).

• Marginal note:Exception for Bank of Canada

  (2) Anything that is required to be done by the designated Minister under paragraph (1)(a) or (c) shall be done in respect of the Bank of Canada by the Governor of the Bank of Canada.

Regulations

Marginal note:Governor in Council

71 The Governor in Council may make regulations

• (a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);

• (b) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);

• (c) prescribing the procedure to be followed in making and responding to a request for access to a record under this Part;

• (d) prescribing, for the purpose of subsection 8(1), the conditions under which a request may be transferred from one government institution to another;

• (e) prescribing a fee for the purposes of subsection 11(1);

• (f) prescribing, for the purpose of subsection 12(1), the manner or place in which access to a record or a part of a record shall be given;

• (g) specifying investigative bodies for the purpose of paragraph 16(1)(a);

• (h) specifying classes of investigations for the purpose of paragraph 16(4)(c); and

• (i) prescribing the procedures to be followed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records relevant to an investigation of a complaint in respect of a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15.

PART 2Proactive Publication of Information

Senate, House of Commons and Parliamentary Entities

Interpretation

Marginal note:Definition of quarter

71.01 In sections 71.02 to 71.14, quarter means a three-month period that begins on the first day of January, April, July or October.

Senators

Marginal note:Travel expenses

71.02 Within 90 days after the end of the quarter in which any travel expenses incurred by a Senator are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

• (a) the Senator’s name;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount of the travel expenses.

Marginal note:Hospitality expenses

71.03 Within 90 days after the end of the quarter in which any expenses incurred by a Senator for a hospitality activity are reimbursed, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

• (a) the Senator’s name;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts

• 71.04 (1) Within 90 days after the end of the quarter in which a contract is entered into by a Senator with respect to Senate business, including a contract for professional, technical or administrative services or expertise, the Speaker of the Senate shall cause to be published on the Senate’s website the following information:

  • (a) the Senator’s name;

  • (b) the subject matter of the contract;

  • (c) the names of the other parties;

  • (d) the contract period; and

  • (e) the value of the contract.

• Marginal note:Increase or decrease in value of contract

  (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the Senate shall cause to be published on the Senate’s website the value of the contract as amended.

Members of the House of Commons

Marginal note:Travel expenses

71.05 Within 90 days after the end of the quarter in which any travel expenses incurred by a member of the House of Commons are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

• (a) the member’s name;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount for all travel expenses.

Marginal note:Hospitality expenses

71.06 Within 90 days after the end of the quarter in which any expenses incurred by a member of the House of Commons for a hospitality activity are reimbursed, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

• (a) the member’s name;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts

• 71.07 (1) Within 90 days after the end of the quarter in which a contract is entered into by a member of the House of Commons with respect to House of Commons business, including a contract for professional, technical or administrative services or expertise, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the following information:

  • (a) the member’s name;

  • (b) the subject matter of the contract;

  • (c) the names of the other parties;

  • (d) the contract period; and

  • (e) the value of the contract.

• Marginal note:Increase or decrease in value of contract

  (2) Within 90 days after the end of the quarter in which a contract referred to in subsection (1) is amended so that its value is increased or decreased, the Speaker of the House of Commons shall cause to be published on the House of Commons’ website the value of the contract as amended.

Parliamentary Entities

Marginal note:Definition of head of a parliamentary entity

71.08 In sections 71.09 to 71.11, head of a parliamentary entity means

• (a) in respect of any administrative unit of the Senate — including a business sector, an operational division or a directorate — the person or committee that the Senate, by its rules or orders, designates;

• (b) in respect of the office of the Senate Ethics Officer, the Speaker of the Senate;

• (c) in respect of any administrative unit of the House of Commons, the Speaker of the House of Commons;

• (d) in respect of the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons;

• (e) in respect of the Library of Parliament, the Speaker of the Senate and the Speaker of the House of Commons, jointly;

• (f) in respect of the Parliamentary Protective Service, the Speaker of the Senate and the Speaker of the House of Commons, jointly; and

• (g) in respect of the office of the Parliamentary Budget Officer, the Speaker of the Senate and the Speaker of the House of Commons, jointly.

Marginal note:Travel expenses

71.09 Within 60 days after the end of the quarter in which any travel expenses incurred by an employee of a parliamentary entity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

• (a) the employee’s name;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount of the travel expenses.

Marginal note:Hospitality expenses

71.1 Within 60 days after the end of the quarter in which any expenses incurred by an employee of a parliamentary entity for a hospitality activity are reimbursed, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

• (a) the employee’s name;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts over $10,000

• 71.11 (1) Within 60 days after the end of the quarter in which a contract that is in relation to the activities of a parliamentary entity and that has a value of more than $10,000 is entered into, the head of the parliamentary entity shall cause to be published on the entity’s website the following information:

  • (a) the subject matter of the contract;

  • (b) the names of the parties;

  • (c) the contract period; and

  • (d) the value of the contract.

• Marginal note:Contracts of $10,000 or less

  (2) Within 60 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a parliamentary entity and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the head of the parliamentary entity shall cause to be published on the entity’s website the information referred to in paragraphs (1)(a) to (d) with respect to the contract as amended.

• Marginal note:Increase or decrease in value of contract

  (3) Within 60 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the head of the parliamentary entity shall cause to be published on the entity’s website the value of the contract as amended.

Parliamentary Privilege and Security of Persons, Infrastructure and Goods

Marginal note:Parliamentary privilege

71.12 Sections 71.02 to 71.11 do not apply to any of the information or any part of the information referred to in those sections if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines that the publication may constitute a breach of parliamentary privilege.

Marginal note:Security of persons, infrastructure and goods

71.13 The Speaker of the Senate, the Speaker of the House of Commons or the person or committee designated for the purposes of paragraph 71.08(a), as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 71.09 to 71.11 if the Speaker of the Senate or the Speaker of the House of Commons, as applicable, determines, after receiving the advice of the Parliamentary Protective Service or any administrative unit of the Senate or of the House of Commons, that the publication could compromise the security of persons, infrastructure or goods in the parliamentary precinct, as defined in section 79.51 of the Parliament of Canada Act.

Marginal note:Final decision

71.14 A determination by the Speaker of the Senate, the Speaker of the House of Commons or a delegate of either Speaker that a publication may constitute a breach of parliamentary privilege or could compromise the security of persons, infrastructure or goods is final for the purposes of this Part, subject to the rules and orders of both Houses of Parliament.

Ministers

Marginal note:Definitions

72 The following definitions apply in sections 73 to 80.

minister

minister includes the Prime Minister and any Minister of State or Associate Minister. (ministre)

ministerial adviser

ministerial adviser has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (conseiller ministériel)

ministerial staff

ministerial staff has the same meaning as in subsection 2(1) of the Conflict of Interest Act. (personnel ministériel)

quarter

quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)

72.1 [Repealed, 2019, c. 18, s. 37]

Marginal note:Mandate letters

73 The Prime Minister shall cause to be published in electronic form any letter or revised letter in which he or she establishes the mandate of any other minister within 30 days after the issuance of the letter or revised letter.

Marginal note:Briefing materials

74 A minister shall cause to be published in electronic form

• (a) within 120 days after the appointment of the minister, the package of briefing materials that is prepared for the minister by a government institution for the purpose of enabling the minister to assume the powers, duties and functions of his or her office;

• (b) within 30 days after the end of the month in which any memorandum prepared by a government institution for the minister is received by his or her office, the title and reference number of each memorandum that is received;

• (c) within 30 days after the last sitting day of the House of Commons in June and December or, respectively, no later than July 31 or January 31 if the House of Commons is not sitting in June or December, the package of question period notes that were prepared by a government institution for the minister and that were in use on the last sitting day of the month in question; and

• (d) within 120 days after the minister’s appearance before a committee of Parliament, the package of briefing materials that is prepared by a government institution for the minister for the purpose of that appearance.

Marginal note:Travel expenses

75 Within 30 days after the end of the month in which any travel expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff are reimbursed, the minister shall cause to be published in electronic form the following information:

• (a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses, including the costs for any other person such as a spouse or dependant who participated in the travel:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount of the travel expenses.

Marginal note:Hospitality expenses

76 Within 30 days after the end of the month in which any expenses incurred by a minister, any of his or her ministerial advisers or any member of his or her ministerial staff for a hospitality activity are reimbursed, the minister shall cause to be published in electronic form the following information:

• (a) the name of the minister, the ministerial adviser or the ministerial staff member, as applicable;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts over $10,000

• 77 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, a minister shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff if the value of the contract is more than $10,000:

  • (a) the subject matter of the contract;

  • (b) the names of the parties;

  • (c) the contract period;

  • (d) the value of the contract; and

  • (e) the reference number assigned to the contract, if any.

• Marginal note:Contracts of $10,000 or less

  (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of a minister’s office that result in expenses being incurred by the minister or by any of his or her ministerial advisers or any member of his or her ministerial staff and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

• Marginal note:Increase or decrease in value of contract

  (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the minister shall cause to be published in electronic form the value of the contract as amended.

Marginal note:Expense reports

78 Within 120 days after the end of each fiscal year, a minister shall cause to be published in electronic form a report of all expenses that were incurred by his or her office and were paid out of the Consolidated Revenue Fund during that fiscal year.

Marginal note:Form of publications

• 79 (1) The designated Minister shall specify the form of the publications referred to in sections 74 to 78.

• Marginal note:Directives and guidelines

  (2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 74 to 78. If directives and guidelines are established, the designated Minister shall cause them to be distributed to ministers.

Marginal note:Publication not required

• 80 (1) A minister is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.

• Marginal note:Publication not permitted

  (2) A minister shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 74 to 78 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, a head of a government institution would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.

• Marginal note:Information deemed not to be personal information

  (3) For the purposes of this section, information that must be published under section 75 or 76 is not personal information.

Government Institutions

Marginal note:Definitions

81 The following definitions apply in sections 82 to 90.

government entity

government entity means a government institution that is

• (a) a department named in Schedule I to the Financial Administration Act,

• (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, or

• (c) a corporation named in Schedule II to that Act. (entité fédérale)

quarter

quarter means a three-month period that begins on the first day of April, July, October or January. (trimestre)

senior officer or employee

senior officer or employee means, in respect of a government institution, any person who exercises the powers or performs the duties and functions of a deputy minister, an associate deputy minister, an assistant deputy minister, a deputy head, an assistant deputy head, a president, a vice-president, a chief executive officer or a member of a board of directors, and any person who holds a position of an equivalent rank. (dirigeant ou employé)

Marginal note:Travel expenses

82 Within 30 days after the end of the month in which any travel expenses incurred by a senior officer or employee of a government institution are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:

• (a) the senior officer’s or employee’s name, as applicable;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses;

• (f) the total amount of the travel expenses; and

• (g) any other information that, in accordance with Treasury Board policies, must be published.

Marginal note:Hospitality expenses

83 Within 30 days after the end of the month in which any expenses incurred by a senior officer or employee of a government institution for a hospitality activity are reimbursed, the head of the government institution shall cause to be published in electronic form the following information:

• (a) the senior officer’s or employee’s name, as applicable;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity;

• (g) the total amount of the expenses for the hospitality activity; and

• (h) any other information that, in accordance with Treasury Board policies, must be published.

Marginal note:Reports tabled in Parliament

84 Within 30 days after the day on which it is tabled, the head of a government institution shall cause to be published in electronic form any report of the government institution respecting its activities that, under an Act of Parliament, must be tabled in the Senate or the House of Commons.

Marginal note:Reclassification of positions

85 Within 30 days after the end of the quarter in which there is a reclassification of an occupied position in a government institution that is a department named in Schedule I to the Financial Administration Act or a portion of the core public administration named in Schedule IV to that Act, the head of the government institution shall cause to be published in electronic form the following information:

• (a) the organizational unit in question;

• (b) the number and title of the reclassified position;

• (c) the previous classification and the new classification;

• (d) the purpose of the reclassification;

• (e) the effective date of the reclassification; and

• (f) any other information that, in accordance with Treasury Board policies, must be published.

Marginal note:Contracts over $10,000

• 86 (1) Within 30 days after the end of each of the first three quarters and within 60 days after the end of each fourth quarter, the head of a government entity shall cause to be published in electronic form the following information with respect to any contract that is entered into during the quarter in relation to the activities of the government entity if the value of the contract is more than $10,000:

  • (a) the subject matter of the contract;

  • (b) the names of the parties;

  • (c) the contract period;

  • (d) the value of the contract;

  • (e) the reference number assigned to the contract, if any; and

  • (f) any other information that, in accordance with Treasury Board policies, must be published.

• Marginal note:Contracts of $10,000 or less

  (2) Within 30 days after the end of the quarter in which a contract that has been entered into in relation to the activities of a government entity and that has a value of $10,000 or less is amended so that its value exceeds $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the contract as amended.

• Marginal note:Increase or decrease in value of contract

  (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased by more than $10,000, or within 60 days after the end of that quarter if that quarter is the fourth quarter, the head of the government entity shall cause to be published in electronic form the value of the contract as amended.

Marginal note:Grants and contributions over $25,000

• 87 (1) Within 30 days after the end of the quarter in which an agreement or arrangement is entered into with respect to a grant or contribution that is in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of more than $25,000, the head of the government entity shall cause to be published in electronic form the following information:

  • (a) the names of the parties;

  • (b) the municipality, province and country where the recipient resides or, in the case of a corporation or organization, where its head office is located or where it carries on business;

  • (c) the purpose of the grant or contribution;

  • (d) the date of the agreement or arrangement;

  • (e) the value of the grant or contribution; and

  • (f) any other information that, in accordance with Treasury Board policies, must be published.

• Marginal note:Grants and contributions of $25,000 or less

  (2) Within 30 days after the end of the quarter in which an agreement or arrangement — that was entered into in relation to the activities of a government entity, that was authorized by Parliament under an appropriation Act and that has a value of $25,000 or less — is amended so that the value of the grant or contribution exceeds $25,000, the head of the entity shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (f) with respect to the amended agreement or arrangement.

• Marginal note:Increase or decrease in value of grant or contribution

  (3) Within 30 days after the end of the quarter in which an agreement or arrangement referred to in subsection (1) or (2) is amended so that the value of the grant or contribution is increased or decreased, the head of the government entity shall cause to be published in electronic form the value of the grant or contribution as amended.

Marginal note:Briefing materials

88 The head of a government entity shall cause to be published in electronic form

• (a) within 120 days after the appointment of a deputy head or a person to a position of an equivalent rank, the package of briefing materials that is prepared for the deputy head or the person for the purpose of enabling him or her to assume the powers, duties and functions of his or her office;

• (b) within 30 days after the end of the month in which any memorandum prepared for the deputy head or the person is received by his or her office, the title and reference number of each memorandum that is received; and

• (c) within 120 days after an appearance before a committee of Parliament, the package of briefing materials that is prepared for the deputy head or the person for the purpose of that appearance.

Marginal note:Form of publications

• 89 (1) The designated Minister shall specify the form of the publications referred to in sections 82 to 88.

• Marginal note:Directives and guidelines

  (2) The designated Minister may cause to be established directives and guidelines concerning the information or materials that must be published under any of sections 82, 83 and 85 to 88. If directives and guidelines are established, the designated Minister shall cause them to be distributed to government institutions.

Marginal note:Publication not required

• 90 (1) A head of a government institution is not required to cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she could under Part 1 refuse to disclose that record, in whole or in part, for a reason that is set out in that Part.

• Marginal note:Publication not permitted

  (2) A head of a government institution shall not cause to be published any of the information, any part of the information, any of the materials or any part of the materials referred to in any of sections 82 to 88 if that information, that part of the information, those materials or that part of those materials were set out in a record and, in dealing with a request for access to that record, he or she would be required under Part 1 to refuse to disclose that record, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the information or materials in question.

Office of the Registrar of the Supreme Court of Canada, Courts Administration Service and Office of the Commissioner for Federal Judicial Affairs

Interpretation

Marginal note:Definitions

90.01 The following definitions apply in sections 90.02 to 90.24.

Chief Administrator

Chief Administrator means the Chief Administrator of the Courts Administration Service. (administrateur en chef)

Commissioner

Commissioner means the Commissioner for Federal Judicial Affairs. (commissaire)

quarter

quarter means a three-month period that begins on the first day of January, April, July or October. (trimestre)

Registrar

Registrar means the Registrar of the Supreme Court of Canada. (registraire)

Office of the Registrar of the Supreme Court of Canada

Marginal note:Definitions

90.02 The following definitions apply in this section and sections 90.03 to 90.09.

Deputy Registrar

Deputy Registrar means the Deputy Registrar of the Supreme Court. (registraire adjoint)

Office of the Registrar of the Supreme Court

Office of the Registrar of the Supreme Court means the Registrar and that portion of the federal public administration appointed under subsection 12(2) of the Supreme Court Act. (Bureau du registraire de la Cour Suprême)

Supreme Court

Supreme Court means the Supreme Court of Canada. (Cour suprême)

Marginal note:Travel expenses — Registrar and Deputy Registrar

90.03 Within 30 days after the end of the quarter in which any travel expenses incurred by the Registrar or the Deputy Registrar are reimbursed, the Registrar shall cause to be published in electronic form the following information:

• (a) the Registrar’s or Deputy Registrar’s name, as applicable;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount of the travel expenses.

Marginal note:Hospitality expenses — Registrar and Deputy Registrar

90.04 Within 30 days after the end of the quarter in which any expenses incurred by the Registrar or the Deputy Registrar for a hospitality activity are reimbursed, the Registrar shall cause to be published in electronic form the following information:

• (a) the Registrar’s or Deputy Registrar’s name, as applicable;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts over $10,000

• 90.05 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of more than $10,000 is entered into, the Registrar shall cause to be published in electronic form the following information:

  • (a) the subject matter of the contract;

  • (b) the names of the parties;

  • (c) the contract period;

  • (d) the value of the contract; and

  • (e) the reference number assigned to the contract, if any.

• Marginal note:Contracts of $10,000 or less

  (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office of the Registrar of the Supreme Court and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Registrar shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

• Marginal note:Increase or decrease in value of contract

  (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Registrar shall cause to be published in electronic form the value of the contract as amended.

Marginal note:Incidental expenditures — judges

90.06 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of the Supreme Court is reimbursed under subsection 27(1) of the Judges Act, the Registrar shall cause to be published in electronic form the following information:

• (a) the total amount of the incidental expenditures reimbursed;

• (b) the number of judges to whom a reimbursement was made;

• (c) a detailed description of each class of incidental expenditures reimbursed;

• (d) the number of judges who received a reimbursement for each class of incidental expenditures; and

• (e) the applicable guidelines.

Marginal note:Representational allowances — judges

90.07 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Registrar shall cause to be published in electronic form the following information:

• (a) the total amount of the expenses reimbursed;

• (b) the number of judges to whom a reimbursement was made;

• (c) a detailed description of each class of expenses reimbursed;

• (d) the number of judges who received a reimbursement for each class of expenses; and

• (e) the applicable guidelines.

Marginal note:Travel allowances — judges

90.08 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 34 of the Judges Act as a travel allowance, the Registrar shall cause to be published in electronic form the following information:

• (a) the total amount of the expenses reimbursed;

• (b) the number of judges to whom a reimbursement was made;

• (c) a detailed description of each class of expenses reimbursed;

• (d) the number of judges who received a reimbursement for each class of expenses; and

• (e) the applicable guidelines.

Marginal note:Conference allowances — judges

90.09 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of the Supreme Court are reimbursed under section 41 of the Judges Act as a conference allowance, the Registrar shall cause to be published in electronic form the following information:

• (a) the total amount of the expenses reimbursed;

• (b) the number of judges to whom a reimbursement was made;

• (c) a detailed description of each class of expenses reimbursed;

• (d) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

• (e) the applicable guidelines.

Courts Administration Service

Marginal note:Definition of Service

90.1 In sections 90.11 to 90.13, Service means the Courts Administration Service.

Marginal note:Travel expenses — Chief Administrator and deputies

90.11 Within 30 days after the end of the quarter in which any travel expenses incurred by the Chief Administrator or any Deputy Chief Administrator are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:

• (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount of the travel expenses.

Marginal note:Hospitality expenses — Chief Administrator and deputies

90.12 Within 30 days after the end of the quarter in which any expenses incurred by the Chief Administrator or any Deputy Chief Administrator for a hospitality activity are reimbursed, the Chief Administrator shall cause to be published in electronic form the following information:

• (a) the Chief Administrator’s or Deputy Chief Administrator’s name, as applicable;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts over $10,000

• 90.13 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Service and that has a value of more than $10,000 is entered into, the Chief Administrator shall cause to be published in electronic form the following information:

  • (a) the subject matter of the contract;

  • (b) the names of the parties;

  • (c) the contract period;

  • (d) the value of the contract; and

  • (e) the reference number assigned to the contract, if any.

• Marginal note:Contracts of $10,000 or less

  (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Service and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Chief Administrator shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

• Marginal note:Increase or decrease in value of contract

  (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Chief Administrator shall cause to be published in electronic form the value of the contract as amended.

Office of the Commissioner for Federal Judicial Affairs

Marginal note:Definitions

90.14 The following definitions apply in sections 90.15 to 90.21.

judge

judge means a judge of a superior court other than the Supreme Court of Canada. (juge)

Office

Office means the Office of the Commissioner for Federal Judicial Affairs. (Bureau)

Marginal note:Travel expenses — Commissioner and deputies

90.15 Within 30 days after the end of the quarter in which any travel expenses incurred by the Commissioner or any Deputy Commissioner are reimbursed, the Commissioner shall cause to be published in electronic form the following information:

• (a) the Commissioner’s or Deputy Commissioner’s name, as applicable;

• (b) the purpose of the travel;

• (c) the dates of the travel;

• (d) the places visited;

• (e) the total cost for each of the following classes of expenses:

  • (i) transportation,

  • (ii) lodging,

  • (iii) meals and any incidental expenses, and

  • (iv) other expenses; and

• (f) the total amount of the travel expenses.

Marginal note:Hospitality expenses — Commissioner and deputies

90.16 Within 30 days after the end of the quarter in which any expenses incurred by the Commissioner or any Deputy Commissioner for a hospitality activity are reimbursed, the Commissioner shall cause to be published in electronic form the following information:

• (a) the Commissioner’s or Deputy Commissioner’s name, as applicable;

• (b) the purpose of the hospitality activity;

• (c) the date of the hospitality activity;

• (d) the municipality in which the hospitality activity took place;

• (e) the name of any commercial establishment or vendor involved in the hospitality activity;

• (f) the number of persons who attended the hospitality activity; and

• (g) the total amount of the expenses for the hospitality activity.

Marginal note:Contracts over $10,000

• 90.17 (1) Within 30 days after the end of the quarter in which a contract that is in relation to the activities of the Office and that has a value of more than $10,000 is entered into, the Commissioner shall cause to be published in electronic form the following information:

  • (a) the subject matter of the contract;

  • (b) the names of the parties;

  • (c) the contract period;

  • (d) the value of the contract; and

  • (e) the reference number assigned to the contract, if any.

• Marginal note:Contracts of $10,000 or less

  (2) Within 30 days after the end of the quarter in which a contract — that has been entered into in relation to the activities of the Office and that has a value of $10,000 or less — is amended so that its value exceeds $10,000, the Commissioner shall cause to be published in electronic form the information referred to in paragraphs (1)(a) to (e) with respect to the contract as amended.

• Marginal note:Increase or decrease in value of contract

  (3) Within 30 days after the end of the quarter in which a contract referred to in subsection (1) or (2) is amended so that its value is increased or decreased, the Commissioner shall cause to be published in electronic form the value of the contract as amended.

Marginal note:Incidental expenditures — judges

90.18 Within 30 days after the end of the quarter in which any incidental expenditure incurred by any judge of a particular court is reimbursed under subsection 27(1) of the Judges Act, the Commissioner shall cause to be published in electronic form the following information:

• (a) the name of the court;

• (b) the total amount of the incidental expenditures reimbursed for that court;

• (c) the number of judges to whom a reimbursement was made;

• (d) a detailed description of each class of incidental expenditures reimbursed;

• (e) the number of judges who received a reimbursement for each class of incidental expenditures; and

• (f) the applicable guidelines.

Marginal note:Representational allowances — judges

90.19 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge or his or her spouse or common-law partner are reimbursed under subsection 27(6) of the Judges Act as a representational allowance, the Commissioner shall cause to be published in electronic form the following information:

• (a) the total amount of the expenses reimbursed;

• (b) the number of judges to whom a reimbursement was made;

• (c) a detailed description of each class of expenses reimbursed;

• (d) the number of judges who received a reimbursement for each class of expenses; and

• (e) the applicable guidelines.

Marginal note:Travel allowances — judges

90.2 Within 30 days after the end of the quarter in which any moving, transportation, travel or other expenses incurred by any judge of a particular court are reimbursed under section 34 of the Judges Act as a travel allowance, the Commissioner shall cause to be published in electronic form the following information:

• (a) the name of the court;

• (b) the total amount of the expenses reimbursed for that court;

• (c) the number of judges to whom a reimbursement was made;

• (d) a detailed description of each class of expenses reimbursed;

• (e) the number of judges who received a reimbursement for each class of expenses; and

• (f) the applicable guidelines.

Marginal note:Conference allowances — judges

90.21 Within 30 days after the end of the quarter in which any travel or other expenses incurred by any judge of a particular court are reimbursed under section 41 of the Judges Act as a conference allowance, the Commissioner shall cause to be published in electronic form the following information:

• (a) the name of the court;

• (b) the total amount of the expenses reimbursed for that court;

• (c) the number of judges to whom a reimbursement was made;

• (d) a detailed description of each class of expenses reimbursed;

• (e) a description of the meeting, conference or seminar, its date, its location and the number of judges in attendance; and

• (f) the applicable guidelines.

Judicial Independence, Protected Information, Security of Persons, Infrastructure and Goods and Canadian Judicial Council

Marginal note:Judicial independence

90.22 The Registrar, the Chief Administrator or the Commissioner, as applicable, may, on an exceptional basis, decline to cause to be published information or any part of the information described in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if they determine that the publication, even in the aggregate, could interfere with judicial independence.

Marginal note:Protected information and security

90.23 The Registrar, the Chief Administrator or the Commissioner, as applicable, is not required to cause to be published any of the information or any part of the information referred to in any of sections 90.03 to 90.09, 90.11 to 90.13 and 90.15 to 90.21 if he or she determines that

• (a) the information or the part of the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; or

• (b) the publication could compromise the security of persons, infrastructure or goods.

Marginal note:Final decision

90.24 A determination by the Registrar, the Chief Administrator or the Commissioner that a publication could interfere with judicial independence or could compromise the security of persons, infrastructure or goods or that any information or part of any information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege is final.

General

Marginal note:Information Commissioner

• 91 (1) The Information Commissioner shall not exercise any powers or perform any duties or functions in relation to the proactive publication of information under this Part, including receiving and investigating complaints or exercising any other powers, duties or functions under Part 1.

• Marginal note:Precision

  (2) Nothing in subsection (1) shall be construed as preventing the Information Commissioner from exercising his or her powers or performing his or her duties and functions under Part 1 with respect to a record that, although subject to Part 2, is subject to a request for access under Part 1.

PART 3General

Marginal note:Designated Minister’s power

92 The designated Minister may provide services with respect to the administration of this Act to the public and to any government institution.

Marginal note:Five-year review

• 93 (1) The designated Minister shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken and shall cause a report to be laid before each House of Parliament.

• Marginal note:Reference to Parliamentary committee

  (2) After the report is laid before both Houses, it shall be referred to the committee designated or established by Parliament for the purpose of section 99.

Marginal note:Annual report — government institutions

• 94 (1) Every year the head of every government institution shall prepare a report on the administration of this Act within the institution during the period beginning on April 1 of the preceding year and ending on March 31 of the current year.

• Marginal note:Tabling of report

  (2) Every report prepared under subsection (1) shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after September 1 of the year in which the report is prepared.

• Marginal note:Reference to Parliamentary committee

  (3) Every report prepared under subsection (1) shall, after it is laid before both Houses under subsection (2), be referred to the committee designated or established by Parliament for the purpose of section 99.

• Marginal note:Copy of report to designated Minister

  (4) The head of every government institution shall provide a copy of the report to the designated Minister immediately after it is laid before both Houses.

• Marginal note:Form and content of report

  (5) The designated Minister shall prescribe the form of, and what information is to be included in, the reports prepared under subsection (1).

Marginal note:Delegation by head of government institution

• 95 (1) The head of a government institution may, by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of that institution.

• Marginal note:Delegation to officers or employees of other government institution

  (2) The head of a government institution may, for the purposes of subsection 96(1), by order, delegate any of their powers, duties or functions under this Act to one or more officers or employees of another government institution.

Marginal note:Provision of services related to access to information

• 96 (1) A government institution may provide services related to any power, duty or function conferred or imposed on the head of a government institution under this Act to another government institution that is presided over by the same Minister or that is under the responsibility of the same Minister and may receive such services from any other such government institution.

• Marginal note:Written agreement

  (2) A government institution may provide services under subsection (1) to another government institution only if it enters into an agreement in writing with the other government institution in respect of those services before it provides the services.

• Marginal note:Notice

  (3) The head of a government institution to which the services are provided shall provide a copy of the agreement to the Information Commissioner and the designated Minister as soon as possible after the agreement is entered into. The head of the institution shall also notify the Information Commissioner and the designated Minister of any material change to that agreement.

• Marginal note:Fees

  (4) The head of a government institution that provides the services may charge a fee for those services. The fee is not to exceed the cost of providing the service.

• Marginal note:Spending authority

  (5) The head of the institution that charges the fee may spend the revenues that are received from the provision of the services for any purpose of that institution. If the head of the institution spends the revenues, he or she must do so in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

Marginal note:Records not under control of institution

97 The records that the head of a government institution provides to the head of another government institution for the purpose of the other institution providing the services referred to in subsection 96(1) are not under the control of that other institution.

Marginal note:Protection from civil proceeding or from prosecution — Part 1

• 98 (1) Despite any other Act of Parliament, no civil or criminal proceedings lie against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institution, and no proceedings lie against the Crown or any government institution, for the disclosure in good faith of any record or any part of a record under Part 1, for any consequences that flow from that disclosure, or for the failure to give any notice required under Part 1 if reasonable care is taken to give the required notice.

• Marginal note:Protection from civil proceeding or from prosecution — Part 2

  (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against any person who is required to cause to be published any information or any materials, in whole or in part, under Part 2 or against any person acting on behalf or under the direction of that person, and no proceedings lie against the Crown or any entity, for the publication in good faith of any information or any materials, in whole or in part, under Part 2, or for any consequences that flow from that publication.

Marginal note:Permanent review of Act by Parliamentary committee

99 The administration of this Act shall be reviewed on a permanent basis by any committee of the House of Commons, of the Senate or of both Houses of Parliament that may be designated or established by Parliament for that purpose.

Marginal note:Review and report

99.1 A committee referred to in section 99 shall undertake a review of this Act within one year after the day on which this section comes into force and every five years after the review is undertaken, and shall submit a report on each review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes the committee would recommend.

Marginal note:Binding on Crown

100 This Act is binding on Her Majesty in right of Canada.

Marginal note:Regulations

• 101 (1) The Governor in Council may make regulations prescribing criteria for adding, under paragraph (2)(a), the name of a body or office to Schedule I.

• Marginal note:Amendments to Schedule I

  (2) The Governor in Council may, by order,

  • (a) add to Schedule I the name of any department, ministry of state, body or office of the Government of Canada;

  • (b) replace in Schedule I the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and

  • (c) delete from Schedule I the name of any department, ministry of state, body or office of the Government of Canada that has ceased to exist or has become part of another department, ministry of state, body or office of the Government of Canada.