Public Complaints and Review Commission Act — P-27.5 17
Definition of privileged information 17 (1) In this section and sections 19 to 26 , privileged information means information that is subject to any type of privilege or confidentiality that exists and may be claimed, including (a) information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege; (b) information that is subject to informer privilege; (c) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act ; (d) special operational information , as defined in subsection 8(1) of the Security of Information Act ; (e) information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; (f) medical information, including information from mental health care professionals, about a member , as defined in subsection 2(1) of the Royal Canadian Mounted Police Act , or other person appointed or employed under Part I of that Act; and (g) medical information about an officer or employee of the Canada Border Services Agency. Access to privileged information (2) Despite any privilege or confidentiality that exists and may be claimed in relation to any information, the Commission is entitled to have access to (a) privileged information, including information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege, under the control, or in the possession, of the RCMP or the Agency if that information is relevant and necessary to the matter before the Commission when it is conducting a review under subsection 28 (1) or (2) or section 29 ; and (b) privileged information, other than information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege, under the control, or in the possession, of the RCMP or the Agency if that information is relevant and necessary to the matter before the Commission when it is conducting an investigation, review or hearing under Part 2. Access to records (3) The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s or President’s approval, to be given a copy of all or any part of a record. Request for information (4) If the Commission is entitled to have access to information under subsection (2) that is under the control, or in the possession, of the RCMP or the Agency, the Commission may make a request to the Commissioner or President, as the case may be, that the information be provided to the Commission. Provision of information (5) After the Commissioner or President receives the request, he or she must provide or cause to be provided to the Commission, within the prescribed time, the requested information to which it is entitled to have access under subsection (2). Refusal and reasons (6) If the Commissioner or President refuses access to privileged information sought by the Commission under this section, the Commissioner or President, as the case may be, must, without disclosing the privileged information, (a) indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and (b) provide the Commission with information about the nature and date of the privileged information. Memorandum of understanding (7) The Chairperson, the Commissioner and the President, or the Chairperson and either of them, may enter into a memorandum of understanding setting out principles and procedures respecting access to information under subsection (2) and principles and procedures to protect that information. Publication (7.1) The Chairperson must publish any memorandum of