Witness Protection Program Act — W-11.2 11.2
Exception — Commissioner 11.2 (1) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to (a) a protectee, for the purpose of providing protection to them; or (b) a designated program protectee, for the purpose of facilitating a change of identity for them. Other exceptions (2) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to a protected person if (a) the protected person consents to the disclosure; (b) the protected person has previously made such a disclosure or acted in a manner that results in such a disclosure; (c) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including (i) investigating a serious offence if there is reason to believe that the protected person can provide material information or evidence in relation to, or has been involved in the commission of, the offence, (ii) preventing the commission of a serious offence, or (iii) establishing the innocence of a person in criminal proceedings; (d) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence; or (e) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(1). Designated program protectee (3) The Commissioner is only permitted to make a disclosure under paragraph (2)(c) that relates to a current or former designated program protectee if, in the Commissioner’s opinion, the urgency of the situation requires the disclosure or if the appropriate provincial official consents to it. Exception — other information (4) The Commissioner may make a disclosure described in paragraph 11(1)(b) or (c) (a) that relates to the Program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, national security, national defence or public safety; and (b) that relates to a current or former designated program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence. Prior notification — protected person (5) The Commissioner shall, before making a disclosure under paragraph (2)(b), (c) or (e), take reasonable steps to notify the protected person and allow them to make representations concerning the matter. Non-application (6) Subsection (5) does not apply if, in the Commissioner’s opinion, the notification would impede the investigation of an offence, could compromise national security, national defence or public safety or could result in substantial harm to any protected person or to any person providing protection or directly or indirectly assisting in providing protection. Prior notification — provincial official (7) The Commissioner shall notify the appropriate provincial official of a disclosure under paragraph (2)(a) or (b) that relates to a current or former designated program protectee before the disclosure is made. Notification — provincial official (8) The Commissioner shall notify the appropriate provincial official of a disclosure referred to in subsection (3) as soon as feasible after making it, if it was made on the basis of the urgency of the situation. 2013, c. 29, s. 12