Access to Information Act

Statutes of Canada, Chapter A-1

SHORT TITLE

1. Short title.

PURPOSE OF ACT

2. Purpose / Complementary procedures.

INTERPRETATION

3. Definitions

ACCESS TO GOVERNMENT RECORDS

Right of Access

4. Right to access to records / Extension of right by order / Records produced from machine readable records.

Information about Government Institutions

5. Publication on government institutions / Bulletin / Descriptions in publication and bulletins / Publication and bulletin to be made available.

Requests for Access

6. Request for access to record.

7. Notice where access requested.

8. Transfer of request / Deeming provision / Meaning of greater interest.

9. Extension of time limits / Notice of extension to Information Commissioner.

10. Where access is refused / Existence of a record not required to be disclosed / Deemed refusal to give access.

11. Fees / Additional payment / Where a record is produced from a machine readable record / Deposit / Notice / Waiver.

12. Access to record / Language of access / Access to record in alternative format.

EXEMPTIONS

Responsibilities of Government

13. Information obtained in confidence / Where disclosure authorized.

14. Federal-provincial affairs.

15. International affairs and defence / Definitions.

16. Law enforcement and investigations / Security / Policing services for provinces or municipalities / Definition of "investigation".

17. Safety of individuals.

18. Economic interests of Canada.

Personal Information

19. Personal information / Where disclosure authorized.

Third Party Information

20. Third party information / Product or environmental testing / Methods used in testing / Preliminary testing / Disclosure if a supplier consents / Disclosure authorized if in public interest.

Operations of Government

21. Advice, etc. / Exercise of a discretionary power or an adjudicative function.

22. Testing procedures, tests and audits.

23. Solicitor-client privilege.

Statutory Prohibitions

24. Statutory prohibitions against disclosure / Review of statutory prohibitions by Parliamentary committee.

25. Severability.

Refusal of Access

26. Refusal of access where information to be published.

THIRD PARTY INTERVENTION

27. Notice to third parties / Waiver of notice / Contents of notice / Extension of time limit.

28. Representations of third party and decision / Representations to be made in writing / Contents of notice of decision to disclose / Disclosure of record.

29. Where the Information Commissioner recommends disclosure / Contents of notice.

COMPLAINTS

30. Receipt and investigation of complaints / Complaints submitted on behalf of complainants / Information Commissioner may initiate complaint.

31. Written complaint.

INVESTIGATIONS

32. Notice of intention to investigate.

33. Notice to third parties.

34. Regulation of procedure.

35. Investigations in private / Right to make representations.

36. Powers of Information Commissioner in carrying out investigations / Access to records / Evidence in other proceedings / Witness fees / Return of documents, etc.

37. Findings and recommendations of Information Commissioner / Report to complainant and third parties / Matter to be included in report to complainant / Access to be given / Right of review.

REPORTS TO PARLIAMENT

38. Annual report.

39. Special reports / Where investigation made.

40. Transmission of reports / Reference to Parliamentary committee.

REVIEW BY THE FEDERAL COURT

41. Review by Federal Court.

42. Information Commissioner may apply or appear / Applicant may appear as party.

43. Notice to third parties / Third party may appear as party.

44. Third party may apply for a review / Notice to person who requested record / Person who requested access may appear as party.

45. Hearing in summary way.

46. Access to records.

47. Court to take precautions against disclosing / Disclosure of offence authorized.

48. Burden of proof.

49. Order of Court where no authorization to refuse disclosure found.

50. Order of Court where reasonable grounds of injury not found.

51. Order of Court not to disclose record.

52. Applications relating to international affairs or defence / Special rules for hearings / Ex parte representations.

53. Costs / Idem.

OFFICE OF THE INFORMATION COMMISSIONER

Information Commissioner

54. Information Commissioner / Tenure of office and removal / Further terms / Absence or incapacity.

55. Rank, powers and duties generally / Salary and expenses / Pension benefits / Other benefits.

Assistant Information Commissioner

56. Appointment of Assistant Information Commissioner / Tenure of office and removal of Assistant Information Commissioner / Further terms.

57. Duties generally / Salary and expenses / Pension benefits / Other benefits.

Staff

58. Staff of the Information Commissioner / Technical assistance.

Delegation

59. Delegation by Information Commissioner / Delegations of investigations relating to international affairs and defence / Delegation by Assistant Information Commissioner.

General

60. Principal office.

61. Security requirements.

62. Confidentiality.

63. Disclosure authorized / Disclosure of offence authorized.

64. Information not to be disclosed.

65. No summons.

66. Protection of Information Commissioner / Libel or slander.

OFFENCES

67. Obstruction / Offence and punishment.

GENERAL

68. Act does not apply to certain materials.

69. Confidences of the Queen's Privy Council for Canada / Definition of "Council" / Exception.

70. Duties and functions of designated Minister / Exception for Bank of Canada.

71. Manuals may be inspected by public / Exempt information may be excluded.

72. Report to Parliament / Tabling of report / Reference to Parliamentary committee.

73. Delegation by the head of a government institution.

74. Protection from civil proceeding or from protection.

75. Permanent review of Act by Parliamentary committee / Review and report to Parliament.

76. Binding on Crown.

77. Regulations / Additions to Schedule I.

SCHEDULE I -- GOVERNMENT INSTITUTIONS

Departments and Ministries of State

Other Government Institutions

AMENDMENTS NOT IN FORCE

1992, c.33, s.68

1993, c.28, s.78 (Sch. III, ss. 1, 2)

1995, c.5, ss. 13, 14