GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Access to Information Act — A-1 12
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. 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. 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. R.S., 1985, c. A-1, s. 12; R.S., 1985, c. 31 (4th Supp.), s. 100(E); 1992, c. 21, s. 3 2019, c. 18, s. 41(E)
Access to Information Act — A-1 14
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. R.S., 1985, c. A-1, s. 14 2019, c. 18, s. 41(E)
Access to Information Act — A-1
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 )
Access to Information Act — A-1 (a)
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 )
Access to Information Act — A-1 16
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. 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. 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. R.S., 1985, c. A-1, s. 16 2019, c. 18, s. 41(E)
Access to Information Act — A-1 16.1
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. 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. 2006, c. 9, s. 144 2019, c. 18, s. 41(E)
Access to Information Act — A-1 16.2
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. 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. 2006, c. 9, s. 89 2019, c. 18, s. 41(E)
Access to Information Act — A-1 16.3
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 . 2006, c. 9, s. 145 2018, c. 31, s. 400(E)
Access to Information Act — A-1 16.4
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. 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. 2005, c. 46, s. 55; 2006, c. 9, s. 221 2019, c. 18, s. 41(E)
Access to Information Act — A-1 16.5
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. 2005, c. 46, s. 55; 2006, c. 9, s. 221 2019, c. 18, s. 41(E)
Access to Information Act — A-1 16.6
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. 2017, c. 15, s. 35 2019, c. 18, s. 41(E)
Access to Information Act — A-1 17
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. R.S., 1985, c. A-1, s. 17 2019, c. 18, s. 41(E)
Access to Information Act — A-1 18
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. R.S., 1985, c. A-1, s. 18; 2006, c. 9, s. 146 2019, c. 18, s. 41(E)
Access to Information Act — A-1 18.1
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. 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. 2006, c. 9, s. 147 2019, c. 18, s. 41(E)
Access to Information Act — A-1 19
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. 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 . R.S., 1985, c. A-1, s. 19 2019, c. 18, s. 9 2019, c. 18, s. 41(E)
Access to Information Act — A-1 20.1
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. 2006, c. 9, s. 148 2019, c. 18, s. 41(E)
Access to Information Act — A-1 20.2
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. 2006, c. 9, s. 148 2019, c. 18, s. 41(E)
Access to Information Act — A-1 20.4
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. 2006, c. 9, s. 148 2019, c. 18, s. 41(E)
Access to Information Act — A-1 21
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. 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. R.S., 1985, c. A-1, s. 21; 2006, c. 9, s. 149 2019, c. 18, s. 41(E)
Access to Information Act — A-1 22
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. R.S., 1985, c. A-1, s. 22 2019, c. 18, s. 41(E)
Access to Information Act — A-1 22.1
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. 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. 2006, c. 9, s. 150 2019, c. 18, s. 41(E)
Access to Information Act — A-1 23
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. R.S., 1985, c. A-1, s. 23 2019, c. 18, s. 10
Access to Information Act — A-1 23.1
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 . 2018, c. 27, s. 273 2014, c. 20, s. 366(E) 2018, c. 27, s. 277(E)
Access to Information Act — A-1 24
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] R.S., 1985, c. A-1, s. 24 2019, c. 18, s. 11 2019, c. 18, s. 41(E)
Access to Information Act — A-1 25
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. R.S., 1985, c. A-1, s. 25 2019, c. 18, s. 39
Access to Information Act — A-1 26
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. R.S., 1985, c. A-1, s. 26 2019, c. 18, s. 11.1
Access to Information Act — A-1 27
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. 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. 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. 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. R.S., 1985, c. A-1, s. 27; 2007, c. 15, s. 9 2019, c. 18, s. 41(E)