Bill S-223
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1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
senate of canada
BILL S-223
An Act to amend the Access to Information Act
R.S., c. A-1
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. (1) If section 144 of the Federal Accountability Act (the “other Act”) comes into force before the day on which this Act receives royal assent, then, on the day of that assent, subsection 16.1(2) of the Access to Information Act is replaced by the following:
Exception
(2) However, the head of a government institution referred to in any of paragraphs 1(a) to (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.
(2) If this Act receives royal assent before section 144 of the other Act comes into force, then, on the day of that assent, section 144 of the other Act is replaced by the following:
144. The Act is amended by adding the following in numerical order:
Records relating to investigations, examinations and audits
16.1 (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.
Exception
(2) However, the head of a government institution referred to in any of paragraphs (1)(a) to (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.
2. Subsection 22.1(2) of the Access to Information Act is replaced by the following:
Exception
(2) However, the head of a government institution shall not refuse under subsection (1) to disclose a draft report of an internal audit of a government institution or any related audit working paper if a final report of the audit has been published or if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced.
3. The Act is amended by adding the following after section 26:
Public Interest Override
Disclosure authorized if in public interest
26.1 Despite any other provision of this Act, the head of a government institution may disclose all or part of a record to which this Act applies if the head determines that the public interest in the disclosure clearly outweighs in importance any loss, prejudice or harm that may result from the disclosure. However, the head shall not disclose under this section any information that relates to national security.
Published under authority of the Senate of Canada
Explanatory Notes
Access to Information Act
Clause 1: (1) Existing text of subsection 16.1(2):
(2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.
Federal Accountability Act
(2) Existing text of section 144:
144. The Act is amended by adding the following in numerical order:
16.1 (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.
(2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.
Access to Information Act
Clause 2: Existing text of subsection 22.1(2):
(2) However, the head of a government institution shall not refuse under subsection (1) to disclose a draft report of an internal audit of a government institution if a final report of the audit has been published or if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced.
Clause 3: New.