Access to Information Act
Sections and provisions with full text and the judgments that cite each one.
Section 34 — Regulation of procedure
Subject to this Part, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Part.
Section 35 — Investigations in private
Every investigation of a complaint under this Part by the Information Commissioner shall be conducted in private. In the course of an investigation of a complaint under this Part by the Information…
Section 36 — Powers of Information Commissioner in carrying out investigations
The Information Commissioner has, in relation to the carrying out of the investigation of any complaint under this Part, power to summon and enforce the appearance of persons before the Information…
Section 36.1 — Power to make order
If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to…
Section 36.2 — Consulting Privacy Commissioner
If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose…
Section 36.3 — Notice to third parties
If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might…
Section 37 — Information Commissioner’s initial report to government institution
If, on investigating a complaint under this Part, the Information Commissioner finds that the complaint is well-founded, the Commissioner shall provide the head of the government institution…
Section 38 — Annual report
The Information Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year.
Section 39 — Special reports
The Information Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner…
Section 40 — Transmission of reports
Every report to Parliament made by the Information Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for…
Section 41 — Review by Federal Court — complainant
A person who makes a complaint described in any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day…
Section 41.1 — Operation of order stayed
Subject to subsection (2), the making of an application under section 41 operates as a stay of any order set out in a report received under subsection 37(2) by the person who made the application…
Section 41.2 — Parties to review
If a person who receives a report under subsection 37(2) applies to the Court for a review under section 41, any other person who received the report under that subsection has the right to appear as…
Section 42 — Information Commissioner may appear
The Information Commissioner may appear before the Court on behalf of a complainant; or appear as a party to any review applied for under section 41 or, with leave of the Court, as a party to any…
Section 43 — Service on head of government institution
If a complainant, a third party or the Privacy Commissioner makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the head of the…
Section 44 — Third party may apply for review
Any third party to whom the head of a government institution is required under paragraph 28(1)(b) to give notice of a decision to disclose a record or a part of a record under this Part may, within…
Section 44.1 — De novo review
For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding.
Section 45 — Hearing in summary way
An application made under section 41 or 44 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal…
Section 46 — Access to records
Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may,…
Section 47 — Court to take precautions against disclosing
In any proceedings before the Court arising from an application under section 41 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex…
Section 48 — Burden of proof — subsection 41(1) or (2)
In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose…
Section 49 — Order of Court where no authorization to refuse disclosure found
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…
Section 50 — Order of Court where reasonable grounds of injury not found
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…
Section 50.1 — Order of Court if authorization to refuse disclosure found
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…
Section 50.2 — Order of Court — other decisions or actions
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,…
Section 50.3 — Incompatible provisions
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…
Section 50.4 — Court to specify rescinded provisions
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…
Section 51 — Order of Court not to disclose record
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…
Section 52 — Applications relating to international affairs or defence
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…
Section 53 — Costs
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…
Section 54 — Appointment
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…
Section 55 — Rank, powers and duties generally
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…
Section 56 — Appointment of Assistant Information Commissioner
The Governor in Council may, on the recommendation of the Information Commissioner, appoint one or more Assistant Information Commissioners. Subject to this section, an Assistant Information…
Section 57 — Duties generally
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…
Section 58 — Staff of the Information Commissioner
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…
Section 59 — Delegation by Information Commissioner
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…
Section 60 — Principal office
The principal office of the Information Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act .
Section 61 — Security requirements
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…
Section 62 — Confidentiality
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…
Section 63 — Disclosure authorized
The Information Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information that, in the opinion of the Commissioner, is…
Section 64 — Information not to be disclosed
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…
Section 65 — No summons
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…
Section 66 — Protection of Information Commissioner
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…
Section 67 — Obstruction
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…
Section 67.1 — Obstructing right of access
No person shall, with intent to deny a right of access under this Part, destroy, mutilate or alter a record; falsify a record or make a false record; conceal a record; or direct, propose, counsel or…
Section 68 — Part 1 does not apply to certain materials
This Part does not apply to published material, other than material published under Part 2, or material available for purchase by the public; library or museum material preserved solely for public…
Section 68.1 — Canadian Broadcasting Corporation
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…
Section 68.2 — Atomic Energy of Canada Limited
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 its general administration; or its operation of any…
Section 69 — Confidences of the Queen’s Privy Council for Canada
This Part does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, memoranda the purpose of which is to present proposals…
Section 69.1 — Certificate under Canada Evidence Act
If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in…