Access to Information Act
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 Act in respect of a request for access to that information, this Act does not apply to that information.
Marginal note:Certificate following filing of complaint
(2) Notwithstanding any other provision of this Act, 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 Act in relation to a request for access to that information,
(a) all proceedings under this Act 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.
- 2001, c. 41, s. 87
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