The Act: Table of Contents: Part 11: Disclosure of Information

Part 11: Miscellaneous Matters - Disclosure of Information

Request for confidentiality

313. (1) A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential.

Contents of request

(2) A request under subsection (1) shall be submitted in writing and contain any supplementary information that may be prescribed.

Prohibition of disclosure

314. The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with section 315, 316 or 317.

Disclosure by Minister for public interest

315. (1) The Minister may disclose information, other than information in respect of which section 318 applies, where

(a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

(b) the public interest in the disclosure clearly outweighs in importance

(i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and

(ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Notice of disclosure

(2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided.

Exception

(3) Notice under subsection (2)

(a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or

(b) may be given later than the time required by that subsection where an emergency exists.

Certain purposes for which information may be disclosed

316. (1) Information may be disclosed

(a) with the written consent of the person who provided it or on whose behalf it was provided;

(b) as may be necessary for the purposes of the administration or enforcement of this Act;

(c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, where

(i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and

(ii) the government, international organization, institution or other minister undertakes to keep the information confidential;

(d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or

(e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

Disclosure by physician, etc.

(2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph.

Disclosure of personal information

(3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless

(a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

(b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Disclosure by Minister

317. (1) The Minister may disclose information in respect of which a request for confidentiality has been made under section 313 where the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act.

Application of certain provisions of Access to Information Act

(2) Where the Minister intends to disclose information under subsection (1), sections 27, 28 and 44 of the Access to Information Act apply, with any modifications that the circumstances require, and, for that purpose, that information is deemed to be contained in a record that the Minister intends to disclose and any reference in those sections to the person who requested access shall be disregarded.

Protection from civil proceeding or prosecution

(3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown for the disclosure in good faith of any information under this Act, for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or any other provision of the Access to Information Act if reasonable care is taken to give the required notice.

Hazardous Materials Information Review Act

318. Except as provided in sections 316 and 317, information in respect of which a request for confidentiality has been made under section 313 shall not be disclosed where

(a) a claim for exemption has been filed in respect of the information under section 11 of the Hazardous Materials Information Review Act;

(b) the information is exempt under section 19 of that Act from the requirement in respect of which the exemption is claimed; and

(c) the person claiming the exemption has disclosed the contents of the claim to the Minister.

Regulations

319. The Governor in Council may make regulations prescribing

(a) information that shall accompany a request made under section 313; and

(b) medical professionals for the purposes of paragraph 316(1)(e).

Non-disclosure by Minister of National Defence

320. Despite any other provision of this Act, the Minister of National Defence may refuse to disclose under this Part any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

Security requirements for disclosure

321. Any person, except an enforcement officer or analyst, who receives, obtains or has access to information under this Act shall comply with 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 the information.