GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Access to Information Act — A-1 49
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. R.S., 1985, c. A-1, s. 49 2019, c. 18, s. 39
Access to Information Act — A-1 50
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. R.S., 1985, c. A-1, s. 50 2019, c. 18, s. 41(E)
Access to Information Act — A-1 50.1
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. 2019, c. 18, s. 25
Access to Information Act — A-1 50.2
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. 2019, c. 18, s. 25
Access to Information Act — A-1 50.3
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. 2019, c. 18, s. 25
Access to Information Act — A-1 50.4
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. 2019, c. 18, s. 25
Access to Information Act — A-1 51
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. 1980-81-82-83, c. 111, Sch. I “51”
Access to Information Act — A-1 52
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. 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 . 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 . R.S., 1985, c. A-1, s. 52; 2002, c. 8, s. 112 2019, c. 18, s. 26
Access to Information Act — A-1 53
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. 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. R.S., 1985, c. A-1, s. 53 2019, c. 18, s. 27 2019, c. 18, s. 41(E)
Access to Information Act — A-1 54
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. 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. 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. 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. R.S., 1985, c. A-1, s. 54; 2006, c. 9, s. 109 2022, c. 10, s. 245
Access to Information Act — A-1 55
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. 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. 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. 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 . R.S., 1985, c. A-1, s. 55; 2002, c. 8, s. 113; 2003, c. 22, ss. 224(E), 225(E) 2019, c. 18, s. 40
Access to Information Act — A-1 56
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. 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. 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. 1980-81-82-83, c. 111, Sch. I “56”
Access to Information Act — A-1 57
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. 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. 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. 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 . R.S., 1985, c. A-1, s. 57; 2003, c. 22, s. 224(E) 2019, c. 18, s. 28(E) 2019, c. 18, s. 40
Access to Information Act — A-1 58
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 . 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. R.S., 1985, c. A-1, s. 58; 2006, c. 9, s. 155(F) 2019, c. 18, s. 40
Access to Information Act — A-1 59
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. 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. 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. R.S., 1985, c. A-1, s. 59; 2006, c. 9, s. 156 2019, c. 18, s. 29 2019, c. 18, s. 40
Access to Information Act — A-1 60
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 . 1980-81-82-83, c. 111, Sch. I “60”
Access to Information Act — A-1 61
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. R.S., 1985, c. A-1, s. 61 2019, c. 18, s. 40
Access to Information Act — A-1 62
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. R.S., 1985, c. A-1, s. 62 2019, c. 18, s. 39
Access to Information Act — A-1 63
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. 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. R.S., 1985, c. A-1, s. 63; R.S., 1985, c. 27 (1st Supp.), s. 187; 2006, c. 9, s. 157 2019, c. 18, s. 30 2019, c. 18, s. 39
Access to Information Act — A-1 64
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. R.S., 1985, c. A-1, s. 64 2019, c. 18, s. 30.1 2019, c. 18, s. 39 2019, c. 18, s. 41(E)
Access to Information Act — A-1 65
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. R.S., 1985, c. A-1, s. 65; R.S., 1985, c. 27 (1st Supp.), s. 187 2019, c. 18, s. 39
Access to Information Act — A-1 66
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. 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. R.S., 1985, c. A-1, s. 66 2019, c. 18, s. 39
Access to Information Act — A-1 67
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. 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. R.S., 1985, c. A-1, s. 67 2019, c. 18, s. 39
Access to Information Act — A-1 67.1
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). 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. 1999, c. 16, s. 1 2019, c. 18, s. 39
Access to Information Act — A-1 68
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. R.S., 1985, c. A-1, s. 68; R.S., 1985, c. 1 (3rd Supp.), s. 12; 1990, c. 3, s. 32; 1992, c. 1, s. 143(E); 2004, c. 11, s. 22; 2008, c. 9, s. 5; 2010, c. 7, s. 5; 2013, c. 38, s. 11 2019, c. 18, s. 31
Access to Information Act — A-1 68.1
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. 2006, c. 9, s. 159 2019, c. 18, s. 39
Access to Information Act — A-1 68.2
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. 2006, c. 9, s. 159 2019, c. 18, s. 39
Access to Information Act — A-1 69
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. 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. R.S., 1985, c. A-1, s. 69; 1992, c. 1, s. 144(F) 2019, c. 18, s. 39