  Federal Accountability Act - Text of Bill C-2
PART 3
OFFICE OF THE DIRECTOR
OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING
Director of Public Prosecutions Act
Enactment of Act
123. The Director of Public Prosecutions Act is enacted as follows:
An Act respecting the office
of the Director of Public Prosecutions
SHORT TITLE
Short title
1. This Act may be cited
as the Director of Public Prosecutions Act.
INTERPRETATION
Definitions
2. The following
definitions apply in this Act.
"Attorney General"
« procureur général »
"Attorney General" means
the Attorney General of Canada.
"prosecution"
« poursuite »
"prosecution", except in
relation to matters referred to in subsection 3(8), means a prosecution under the jurisdiction of the Attorney General,
a proceeding respecting any offence, the prosecution - or prospective prosecution - of which is under the jurisdiction
of the Attorney General, and any appeal related to such a prosecution or proceeding.
DIRECTOR OF PUBLIC
PROSECUTIONS
Appointment
3. (1) The Governor
in Council shall, on the recommendation of the Attorney General, appoint a Director of Public Prosecutions (in this Act
referred to as the "Director") in accordance with section 4.
Rank and status
(2) The Director has the rank and status of a
deputy head of a department.
Duties and functions
(3) The Director, under and on behalf of the
Attorney General,
(a) initiates and
conducts prosecutions on behalf of the Crown;
(b) conducts, on
behalf of the Crown and in respect of prosecutions, any appeal or other proceeding in which the Crown is named as a
respondent;
(c) intervenes in
any matter that raises a question of public interest that may affect the conduct of prosecutions or related
investigations;
(d) issues
guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;
(e) advises law
enforcement agencies or investigative bodies in respect of prosecutions generally or in respect of a particular
investigation that may lead to a prosecution;
(f) communicates
with the media and the public on all matters respecting the initiation and conduct of prosecutions;
(g) exercises the
authority of the Attorney General respecting private prosecutions, including to intervene and assume the conduct of -
or direct the stay of - such prosecutions; and
(h) carries out
any other duty or function assigned to the Director by the Attorney General that is compatible with the office of
Director.
Deputy Attorney General
(4) For the purpose of exercising the powers and
performing the duties and functions referred to in subsection (3), the Director is the Deputy Attorney General of
Canada.
Guidelines not statutory
instruments
(5) For greater certainty, guidelines referred to
in paragraph (3)(d) are not statutory instruments within the meaning of the
Statutory Instruments Act.
Publication
(6) Any assignment under paragraph (3)(h) must be in writing and be published by the Attorney General in the Canada Gazette.
Agreements and arrangements
(7) The Director may, for the purposes of
exercising the powers and performing the duties and functions referred to in subsection (3), enter into an agreement or
arrangement on behalf of the Attorney General with the government of a province.
Duties - election-related
matters
(8) The Director initiates and conducts
prosecutions on behalf of the Crown with respect to any offences under the Canada
Elections Act, as well as any appeal or other proceeding related to such a prosecution.
Other powers, duties and
functions
(9) The Director may, under and on behalf of the
Attorney General, exercise any powers or perform any duties or functions of the Attorney General under the Extradition Act or the Mutual Legal Assistance in
Criminal Matters Act.
Selection committee
4. (1) The Attorney
General shall establish a selection committee consisting of the following members:
(a) a person named
by the Federation of Law Societies of Canada;
(b) a person named
by each recognized political party in the House of Commons;
(c) the Deputy
Minister of Justice;
(d) the Deputy
Minister of the Department of Public Safety and Emergency Preparedness; and
(e) a person
selected by the Attorney General.
List of candidates
(2) The Attorney General shall submit to the
selection committee a list of not more than 10 candidates whom he or she considers suitable to be appointed as
Director, each of whom must be a member of at least 10 years standing at the bar of any province. The committee shall
assess the candidates and recommend three of them to the Attorney General.
Selection
(3) The Attorney General shall, from among those
three candidates, select the one whom he or she considers most suitable for the office of Director.
Referral to committee
(4) The question of the appointment of the selected
candidate is referred for consideration to a committee designated or established by Parliament for that purpose.
Recommendation to Governor in
Council
(5) After the parliamentary committee's review, the
Attorney General may recommend to the Governor in Council that the selected candidate be appointed as Director, or may
refer to the committee the appointment of another candidate recommended under subsection (2).
Tenure and term
5. (1) The Director
holds office, during good behaviour, for a term of seven years, but may be removed by the Governor in Council at any
time for cause. The Director is not eligible to be reappointed for a further term of office.
End of term
(2) At the end of the Director's term, the Director
shall continue in office until his or her successor is appointed.
Full-time
(3) The Director shall engage exclusively in the
duties and functions of his or her office under this Act or any other Act of Parliament and shall not hold any other
office or engage in any other employment for reward.
Incapacity or vacancy
(4) In the event of the incapacity of the Director
or a vacancy in that office, the Governor in Council may authorize a Deputy Director of Public Prosecutions to act as
Director, but no person may act as Director for a period exceeding 12 months without the approval of the Governor in
Council.
Remuneration and expenses
(5) The Director shall be paid the remuneration and
expenses that are fixed by the Governor in Council. Once fixed, the remuneration may not be reduced.
DEPUTY DIRECTORS, PROSECUTORS
AND OTHER STAFF
Deputy Director
6. (1) The Governor
in Council shall, on the recommendation of the Attorney General, appoint one or more members of at least 10 years'
standing at the bar of any province to be Deputy Directors of Public Prosecutions.
Selection committee
(2) The Attorney General may only make the
recommendation after consultation with a selection committee consisting of the Director, a person representing the
Federation of Law Societies of Canada and the Deputy Minister of Justice.
Powers, duties and functions - lawful
deputy
(3) Under the supervision of the Director, a Deputy
Director may exercise any of the powers and perform any of the duties or functions referred to in subsection 3(3) and,
for that purpose, is a lawful deputy of the Attorney General.
Other powers, duties and
functions
(4) Under the supervision of the Director, a Deputy
Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of
any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act
of Parliament.
Employed federal prosecutors
7. (1) The federal
prosecutors that are necessary to enable the Director to perform any of the duties or functions of his or her office
shall be appointed in accordance with the Public Service Employment Act.
Non-employed federal
prosecutors
(2) The Director may also for that purpose retain,
on behalf of Her Majesty, the services of barristers and, in the Province of Quebec, advocates to act as federal
prosecutors and, with the approval of the Treasury Board, may fix and pay their fees, expenses and other
remuneration.
Qualification
(3) A person appointed under subsection (1) or
whose services are retained under subsection (2) must be a member of the bar of a province.
Other staff
8. (1) Any other
officers and employees that are necessary to enable the Director to perform any of the duties and functions of his or
her office shall be appointed in accordance with the Public Service Employment
Act.
Technical assistance
(2) The Director may engage the services of persons
having technical or specialized knowledge of any matter relating to the Director's work to advise and assist the
Director in performing any of the duties and functions of his or her office and, with the approval of the Treasury
Board, may fix and pay the remuneration and expenses of those persons.
DELEGATION
Delegation
9. (1) The Director
may, subject to any restrictions or limitations that the Director specifies, authorize a federal prosecutor, a person
acting as a federal prosecutor under subsection 7(2) or any person referred to in subsection 8(1) to act for or on
behalf of the Director in the exercise of any of the powers or the performance of any of the duties or functions that
the Director is authorized to exercise or perform under this or any other Act of Parliament, except the power to
delegate under this subsection.
Agency
(2) Every person who is authorized under subsection
(1) acts as an agent of the Director and is not required to prove such authorization.
Designation
(3) The Director, a Deputy Director and any person
referred to in subsection 7(3) may be designated as an agent of the Minister of Public Safety and Emergency
Preparedness under section 185 of the Criminal Code.
DIRECTIVES
Directive from Attorney General - specific
prosecution
10. (1) Any
directive that the Attorney General issues to the Director with respect to the initiation or conduct of any specific
prosecution must be in writing and be published in the Canada Gazette.
Directive - generally
applicable
(2) The Attorney General may, after consulting the
Director, issue directives respecting the initiation or conduct of prosecutions generally. Any such directives must be
in writing and be published in the Canada Gazette.
Delay in publication -
directive
11. (1) The
Attorney General or the Director may, if he or she considers it to be in the interests of the administration of
justice, direct that the publication in the Canada Gazette of a directive
referred to in subsection 10(1) be delayed.
Limit on delay
(2) The publication of a directive may not be
delayed beyond the completion of the prosecution or any related prosecution.
Directives not statutory
instruments
12. For greater certainty,
directives issued under section 10 are not statutory instruments within the meaning of the Statutory Instruments Act.
ISSUES OF GENERAL PUBLIC
INTEREST
Duty to inform
13. The Director must
inform the Attorney General, in a timely manner, of any prosecution that raises questions of general interest beyond
the scope of those usually raised in prosecutions.
Intervention
14. When, in the opinion
of the Attorney General, proceedings raise questions of public interest beyond the scope of those usually raised in
prosecutions, the Attorney General may, after notifying the Director, intervene in first instance or on
appeal.
ASSUMING CONDUCT OF
PROSECUTION
Taking conduct of prosecution
15. (1) The
Attorney General may only assume conduct of a prosecution after first consulting the Director. The Attorney General
must then give to the Director a notice of intent to assume conduct of the prosecution and publish it in the
Canada Gazette without delay.
Transfer of file
(2) The Director is required to turn the
prosecution file over to the Attorney General and to provide any information that the Attorney General requires within
the time specified.
Delay in publication
(3) However, publication may be delayed if the
Attorney General or the Director considers it to be in the interests of the administration of justice.
ANNUAL REPORT
Annual report
16. (1) The
Director shall, not later than June 30 of each year, report to the Attorney General in respect of the activities of the
office of the Director - except in relation to matters referred to in subsection 3(8) - in the immediately preceding
fiscal year.
Tabling in Parliament
(2) The Attorney General shall cause a copy of the
Director's report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting
after he or she receives the report.
Transitional
Provisions
Definition of "other Act"
124. In sections 125 to
129 of this Act, "other Act" means the Director of Public
Prosecutions Act, as enacted by section 123 of this
Act.
Acting Director
125. (1) The person who holds the position of
Assistant Deputy Attorney General (Criminal Law) in the Department of Justice immediately before the day on which this
section comes into force is authorized to act as the Director of Public Prosecutions under the other Act for a period
of one year after that day, and continuing after that year until the appointment of the Director of Public Prosecutions
under subsection 3(1) of the other Act.
Acting Deputy Director
(2) That person may authorize two members
of at least 10 years' standing at the bar of any province to act as Deputy Directors of Public Prosecutions under the
other Act until the appointment of a Deputy Director of Public Prosecutions under subsection 6(1) of the other
Act.
Transfer of employees
126. (1) The coming into force of the other Act
shall not be construed as affecting the status of an employee who occupied, immediately before the day on which the
other Act comes into force, a position in the Department of Justice in the administrative unit known as the Federal
Prosecution Service, except that the employee from that day occupies that position in the Office of the Director of
Public Prosecutions.
Transfer of other staff
(2) The Governor in Council may, by order
made on the recommendation of the Treasury Board, if the Governor in Council is of the opinion that an employee or
class of employees in the Department of Justice is carrying out powers, duties or functions that are in whole or in
part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that
it is in the best interests of the core public administration to do so, declare that the employee or class of employees
shall, on the day on which the order comes into force, occupy their positions in the Office of the Director of Public
Prosecutions.
Definition of "employee"
(3) In this section, "employee" has the
same meaning as in subsection 2(1) of the Public Service Employment Act.
Non-employed federal
prosecutors
127. Any barrister or, in the Province of
Quebec, any advocate whose services were retained, immediately before the day on which the other Act comes into force,
to act as a prosecutor for the Crown in connection with any matter is deemed, on that day, to have had his or her
services retained under subsection 7(2) of the other Act to act in connection with that matter.
Transfer of appropriations
128. Any amount that is appropriated, for the
fiscal year in which the other Act comes into force, by an appropriation Act based on the Estimates for that year for
defraying the charges and expenses of the Department of Justice in relation to duties and functions carried out by the
administrative unit known as the Federal Prosecution Service and that, on the day on which the other Act comes into
force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Office of
the Director of Public Prosecutions.
Continuation of prosecutions
129. (1) Any prosecution to which the Attorney
General of Canada is a party and that is ongoing on the day on which the other Act comes into force is continued by the
Director of Public Prosecutions without further formality.
Definition of "prosecution"
(2) In subsection (1), "prosecution" has the same meaning as in section 2 of the other
Act.
Election-related prosecutions
130. Any prosecution for an offence under
the Canada Elections Act that is pending immediately
before the day on which sections 123 and 132 to 138 of this Act come into force may continue to be conducted by the
Commissioner of Canada Elections, as well as any appeal or other proceeding related to such a prosecution as if those
sections had not come into force.
Consequential Amendments
R.S., c. A-1
Access to Information
Act
131. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under
the heading "Other Government Institutions":
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
2000, c. 9
Canada Elections
Act
2003, c. 19, s. 62
132. Section 511 of the Canada Elections Act is replaced by the following:
Director of Public Prosecutions may
prosecute
511. (1) If the
Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may
refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a
prosecution.
Information
(2) If the Director decides to initiate a
prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn
declaration to be laid before a justice, as defined in section 2 of the Criminal
Code.
Search and seizure
(3) For the purposes of section 487
of the Criminal Code, any person charged by the Commissioner with duties
relating to the administration or enforcement of this Act is deemed to be a public officer.
Canada
Elections Act
Clause
132: Existing text of section 511:
511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of
the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be
instituted.
(2) For the
purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of
this Act is deemed to be a public officer.
133. (1) Subsection 512(1) of the Act is
replaced by the following:
Director's consent required
512. (1) No
prosecution for an offence under this Act may be instituted by a person other than the Director of
Public Prosecutions without the Director's prior written consent.
Clause
133: (1) Existing text of subsection 512(1):
512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Commissioner without
the Commissioner's prior written consent.
(2) Subsection
512(3) of the Act is replaced by the following:
Proof of consent
(3) Every document purporting to be the
Director's consent under subsection (1) is deemed to be that consent unless it is called into
question by the Director or by someone acting for the Director or for Her
Majesty.
(2) Existing text of subsection
512(3):
(3) Every document purporting to be
the Commissioner's consent under subsection (1) is deemed to be that consent unless it is called into question by the
Commissioner or by someone acting for the Commissioner or for Her Majesty.
134. Section 513 of the Act is replaced by
the following:
Commissioner may intervene
513. The Commissioner,
where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in
relation to an inquiry, injunction or compliance agreement under this Act.
Clause
134: Existing text of section 513:
513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including
incurring any expenses, in relation to an inquiry, prosecution, injunction or compliance agreement under this
Act.
135. (1) Subsection 517(1) of the Act is
replaced by the following:
Compliance agreements
517. (1)
Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has
committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this
Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that
person (in this section and sections 518 to 521 called the "contracting party").
Clause
135: (1) Existing text of subsection 517(1):
517. (1) If the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely
to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a
compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to
521 called the "contracting party").
2001, c. 21, s. 25(E)
(2) Subsections 517(6) to (8) of the Act
are replaced by the following:
Effect of compliance agreement - no
referral
(6) If a matter has not yet been referred to the
Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or
omission that led to the agreement unless there is non-compliance with it.
Matter that has been referred
(7) If a matter has already been referred to the
Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may - if, after
consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public
interest - remit the matter back to the Commissioner so that it may be so dealt with.
Effect of compliance agreement
(8) When a compliance agreement is
entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless
there is non-compliance with it, the Director of Public Prosecutions may not institute such a
prosecution.
Renegotiation
(9) The Commissioner and the
contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or
contracting party at any time before it is fully executed.
Copy to be provided
(10) The Commissioner shall provide
the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated
under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the
Commissioner shall also provide a copy of the compliance agreement to the Director.
(2) Existing text of subsections 517(6) to
(8):
(6) When a compliance agreement is
entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless
there is non-compliance with it, the Commissioner may not institute such a prosecution.
(7) The Commissioner and the
contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or
contracting party at any time before it is fully executed.
(8) The Commissioner shall provide
the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated
under subsection (7).
136. Sections 518 and 519 of the Act are
replaced by the following:
If agreement complied with
518. (1) If the
Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a
notice to that effect to be served on the contracting party. If the matter has been referred to the
Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.
Effect of notice
(2) Service of the notice terminates any
prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner
from referring the matter to the Director of Public Prosecutions and the Director from
instituting such a prosecution.
If agreement not complied with
519. If the Commissioner
is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a
notice of default to be served on the contracting party, informing him or her that, as the case may
be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action
the Director considers appropriate or, if a prosecution was suspended by virtue of
subsection 517(8), it may be resumed. If the matter has been
referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the
Director.
Clause
136: Existing text of sections 518 and 519:
518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner
shall cause a notice to that effect to be served on the contracting party.
(2) Service of
the notice terminates any prosecution of the contracting party that is based on the act or omission in question and
prevents the Commissioner from instituting such a prosecution.
519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the
Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that the
Commissioner may institute proceedings against him or her in respect of the original act or omission or, if such
proceedings have been instituted and suspended by virtue of subsection 517(6), they may be resumed.
137. The Act is amended by adding the
following after section 535:
Consultation
535.1 The Chief Electoral
Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any
question relating to measures taken under section 511 or 512.
Clause
137: New.
138. Subsection 540(4) of the Act is
replaced by the following:
Exception
(4) Subsection (3) does not prohibit the Chief
Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred
to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry
made under section 510 or provided to the Director of Public Prosecutions who may produce them for the
purpose of a prosecution - or possible prosecution - by the Director for an offence under
this Act.
Clause
138: Existing text of subsection 540(4):
(4) Subsection (3) does not
prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the
documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the
purpose of an inquiry made under section 510 or a prosecution for an offence under this Act.
R.S., c. J-2
Department of Justice
Act
139. Subsection 3(2) of the Department of Justice Act is replaced by the following:
Deputy Attorney General
(2) The Deputy Minister is ex officio the Deputy Attorney General except in respect of the powers,
duties and functions that the Director of Public Prosecutions is authorized to exercise or perform under subsection
3(3) of the Director of Public Prosecutions Act.
Department
of Justice Act
Clause
139: Existing text of subsection 3(2):
(2) The Deputy Minister is
ex officio the Deputy Attorney
General.
R.S., c. F-11
Financial Administration
Act
140. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in
column I:
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
and a corresponding reference in column II
to the "Minister of Justice".
141. Schedule IV to the Act is amended by
adding the following in alphabetical order:
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
R.S., c. P-21
Privacy Act
142. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading
"Other Government Institutions":
Office of the Director of Public
Prosecutions
Bureau du
directeur des poursuites pénales
R.S., c. A-1
Access to Information Act
143. The definitions "designated Minister", "head" and "record" in section 3 of the
Access to Information Act are replaced by the following:
"designated Minister"
« ministre désigné »
"designated Minister" means a person who is designated as the Minister under subsection
3.2(1);
"head"
« responsable d'institution fédérale
»
"head", in respect of a
government institution, means
(a) in the case of
a department or ministry of state, the member of the Queen's Privy Council for Canada who
presides over the department or ministry, or
(b) in any other
case, either the person designated under subsection 3.2(2) to be the head
of the institution for the purposes of this Act or, if no such person is
designated, the chief executive officer of the institution, whatever their title;
"record"
« document »
"record" means any
documentary material, regardless of medium or form;
Access to
Information Act
Clause
143: Existing text of the definitions:
"designated
Minister", in relation to any provision of this Act, means such member of the Queen's
Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of that
provision;
"head", in respect of a government institution, means
(a) in the case of a department or ministry of state, the member of the Queen's Privy
Council for Canada presiding over that institution, or
(b) in any other case, the person designated by order in council pursuant to this paragraph
and for the purposes of this Act to be the head of that institution;
"record" includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work,
photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material,
regardless of physical form or characteristics, and any copy thereof;
144. The Act is amended by adding the
following after section 3:
For greater certainty
3.1 For greater certainty,
for the purposes of this Act, information that relates to the general administration of a government institution
includes information that relates to expenses paid by the institution for travel, including lodging, and
hospitality.
DESIGNATION
Power to designate Minister
3.2 (1) The
Governor in Council may designate a member of the Queen's Privy Council for Canada to be the Minister for the purposes
of any provision of this Act.
Power to designate head
(2) The Governor in Council may, by order,
designate a person to be the head of a government institution, other than a department or ministry of state, for the
purposes of this Act.
Clause
144: New.
145. Section 4 of the Act is amended by
adding the following after subsection (2):
Responsibility of government
institutions
(2.1) The head of a government institution shall,
without regard to the identity of a person making a request for access to a record under the control of the
institution, make every reasonable effort to assist the person in connection with the request, respond to the request
accurately and completely and, subject to the regulations, provide access to the record in the format requested.
Clause
145: New.
146. The Act is amended by adding the
following in numerical order:
Records relating to investigations,
examinations and audits
16.1 The following heads
of government institutions shall refuse to disclose any record requested under this Act 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.
Clause
146: New.
147. The Act is amended by adding the
following in numerical order:
Examinations and reviews under
Canada Elections Act
16.3 The Chief Electoral
Officer shall refuse to disclose any record requested under this Act that contains information that was obtained or
created by or on behalf of a person who conducts an examination or review under the Canada Elections Act.
Clause
147: New.
148. (1) Paragraph 18(b) of the Act is replaced by the following:
(b)
information the disclosure of which could reasonably be expected to result in material financial loss
to, or could reasonably be expected to prejudice the competitive position of, a government institution
with respect to all or part of its operations;
(b.1) information
the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a
government institution;
(2) The portion
of paragraph 18(d) of the Act before subparagraph (i) is replaced by the
following:
(d)
information the disclosure of which could reasonably be expected to be materially injurious to the financial interests
of the Government of Canada or of all or part 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
Clause
148: (1) and (2) Relevant portion of section 18:
18. The head of a government institution may refuse to disclose any record requested under this Act that
contains
...
(b) information the disclosure of which could reasonably be expected to prejudice the
competitive position of a government institution;
...
(d) information the disclosure of which could reasonably be expected to be materially
injurious to the financial interests of the Government of Canada or 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, without
restricting the generality of the foregoing, any such information relating to
149. The Act is amended by adding the
following after section 18:
Economic interests of certain Crown
corporations
18.1 (1) The head
of a government institution may refuse to disclose a record requested under this Act 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.
Clause
149: New. |
