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Bill C-208

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-208

An Act to amend the Access to Information Act

R.S., c. A-1; R.S., cc. 22, 27, 28, 33, 44, 46 (1st Supp.), cc. 1, 8, 19, 36 (2nd Supp.), cc. 1, 3, 12, 17, 18, 20, 24, 28, 33 (3rd Supp.), cc. 1, 7, 10, 11, 16, 21, 28, 31, 32, 41, 47 (4th Supp.); 1989, cc. 3, 27; 1990, cc. 1, 2, 3, 13; 1991, cc. 3, 6, 16, 38; 1992, cc. 1, 21, 33, 34, 36, 37, 44; 1993, cc. 1, 2, 3, 27, 28, 31, 34, 38; 1994, cc. 10, 26, 31, 38, 40, 41, 43; 1995, cc. 1, 5, 11, 12, 18, 28, 29, 41, 45; 1996, cc. 8, 9, 10, 11, 16; 1997, cc. 6, 9, 20, 23

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Access to Information Act is amended by adding the following after section 67:

Obstructing right of access

67.1 (1) No person shall, with intent to deny a right of access under this Act,

    (a) destroy, mutilate or alter a record;

    (b) falsify a record or make a false record;

    (c) conceal a record; or

    (d) direct, propose, counsel or cause any person in any manner to do anything mentioned in any of paragraphs (a) to (c).

Offence and punishment

(2) Every person who contravenes subsection (1) is guilty of

    (a) an indictable offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding $10,000, or to both; or

    (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months or to a fine not exceeding $5,000, or to both.