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Bill C-286

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DESTRUCTION OR FALSIFICATION OF DOCUMENTS

Duty to disclose

66.1 (1) The head of a government institu tion, and any person acting on behalf or under the direction of the head of a government institution, shall disclose to the Information Commissioner and to the Archivist any in formation relating to the actual or appre hended destruction or falsification of docu ments, including

    (a) the fact that an order was given to destroy or falsify a record;

    (b) the name of the person who gave the order to destroy or falsify a record;

    (c) the fact that a person did or did not comply with an order described in para graph (a);

    (d) the fact that a record was copied prior to being destroyed or falsified;

    (e) the fact that a record has been removed from the place where it is usually kept, whether to save it from destruction or falsification or to shield it from the applica tion of this Act; and

    (f) the fact that a record has been lost.

(2) Subsection (1) applies regardless of whether a request for access to a record has been made under this Act.

Review, investigation or disclosure by the Commissioner

(3) Upon receiving the information referred to in subsection (1), the Information Commis sioner shall

    (a) examine forthwith the circumstances surrounding the information disclosed to the Commissioner;

    (b) conduct an investigation, if necessary;

    (c) notify the Attorney General of Canada, if appropriate; and

    (d) not reveal the identity of the person disclosing the information except with the consent of the person.

(4) With such modifications as the circum stances require, paragraph 30(1)(f), sections 32, 34, 35 and 36, paragraphs 37(1)(a) and (b), section 61, subparagraph 63(1)(a)(i), para graph 63(1)(b), subsection 63(2) and sections 64, 65 and 66 apply to investigations con ducted by the Information Commissioner under this section.

Prohibition against reprisals by employer

(5) An employer or a person in a position of authority in a government institution shall not take or threaten to take reprisals against a person who

    (a) discloses information referred to in subsection (1);

    (b) refuses to destroy or falsify a record;

    (c) copies a record with the intention of sending a copy to the Information Commis sioner; or

    (d) removes a record from the place where it is usually kept in order to save it from destruction or falsification.

Presumption

(6) For the purposes of this section, where an employer or a person in a position of authority in a government institution, within twelve months following disclosure to the Information Commissioner of information referred to in subsection (1), dismisses or transfers an employee or imposes a change in the working conditions of the employee that is disadvantageous to the employee, the employ er or the person in a position of authority is deemed to have taken reprisals.

16. The Act is amended by adding the following after section 67:

Destruction or falsification of record

67.1 (1) Every person who destroys or falsifies a record is guilty of an indictable offence and liable to imprisonment for a term of five years.

(2) Every person who gives an order to destroy or falsify a record is guilty of an indictable offence and liable to imprisonment for a term of five years.

(3) Every person who contravenes subsec tion 66.1(5) is guilty of an indictable offence and liable to imprisonment for a term of five years.

17. Section 69 of the Act is repealed.

18. Paragraph 70(1)(a) of the Act is replaced by the following:

    (a) cause to be kept under review the manner in which records under the control of government institutions are maintained, managed and kept to ensure compliance with the provisions of this Act and the regulations made thereunder relating to access to records;

19. Section 74 of the Act is renumbered as subsection 74(1) and is amended by adding the following:

Protection from civil proceedings or from prosecution

(2) Notwithstanding section 67.1 or any other Act of Parliament, no civil or criminal proceedings shall be instituted against the head of any government institution, or against any person acting on behalf or under the direction of the head of a government institu tion, for

    (a) the disclosure in good faith to the Information Commissioner and the Archi vist of the information referred to in subsection 66.1(1);

    (b) because of a fear of reprisals, obeying an order to destroy or falsify a record, provided that the person informed the Information Commissioner of this and, to the extent possible in the circumstances, took all possible steps to save a copy of the record and to transmit it to the Information Com missioner and the Archivist as soon as possible; or

    (c) removing a record from the place where it is usually kept in order to save it from destruction or falsification.

20. (1) Subsection 77(1) of the Act is amended by adding the following after paragraph (d):

    (d.1) prescribing the factors to be consid ered in waiving the requirement to pay a fee or other amount or a part thereof or refunding a fee or other amount or a part thereof paid under subsection 11(6);

    (d.2) after consulting the Information Com missioner and the committee that normally considers matters relating to this Act, prescribing a minimum and maximum fee structure in respect of the fees that may be charged for responding to a request for access to a record and the disclosure and reproduction of a record;

(2) Paragraph 77(1)(h) of the Act is replaced by the following:

    (h) prescribing the procedures to be fol lowed by the Information Commissioner and any person acting on behalf or under the direction of the Information Commissioner in examining or obtaining copies of records in relation to an investigation of a com plaint arising from a refusal to disclose a record or a part of a record under paragraph 13(1)(a) or (b) or section 15 or 23.1 ; and

(3) Subsection 77(1) of the Act is amended by adding the following after paragraph (h):

    (i) specifying, for the purpose of subsection 40(3), the criteria to be followed by the committee.

CONSEQUENTIAL AMENDMENTS

R.S., c. 1 (3rd Supp.)

National Archives of Canada Act

21. Subsection 4(4) of the National Ar chives of Canada Act is replaced by the following:

Restricted access

(4) Subject to section 23.1 of the Access to Information Act, the Archivist shall not dis close confidences of the Queen's Privy Coun cil for Canada.

22. Subsection 5(5) of the Act is replaced by the following:

Exception

(5) For the purposes of this subsection, the Archivist shall not have access to

    (a) a record to which subsection 23.1(1) of the Access to Information Act applies, except with the consent of the Clerk of the Privy Council; and

    (b) a record of a government institution that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II to the Access to Information Act, except with the consent of the head, within the meaning of that Act, of that government institution.

Coming into force

23. This Act comes into force sixty days after it is assented to.

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