REVIEW BY THE FEDERAL COURT

Applications relating to international affairs or defence

52. (1) Any application under section 41 or 42 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 Associate Chief Justice of the Federal Court or by such other judge of the Court as the Associate Chief Justice may designate to hear such applications.

(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.

(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.

References in Reports: 2002: (o) Restrictions on examination and review of Cabinet confidences 2001-2002: Changes affecting the Access to Information Act 2000-2001: i) Reform of Cabinet Confidences