Bill C-206
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-206 |
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An Act to amend the Access to Information
Act and to make amendments to other
Acts
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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; 1998,
cc. 9, 10, 21,
25, 26, 31, 35,
37
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ACCESS TO INFORMATION ACT |
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1. Section 1 of the Access to Information
Act is replaced by the following:
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1. This Act may be cited as the Open
Government Act.
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2. Subsection 2(1) of the Access to
Information Act is replaced by the
following:
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Purpose
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2. (1) The purpose of this Act is to extend
the present laws of Canada to provide a right
of access to information in records under the
control of a government institution because it
is the Government of Canada's duty to release
information that will assist the public in
assessing the Government's management of
the country and in monitoring the
Government's compliance with the Canadian
Charter of Rights and Freedoms.
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Principles to
be applied
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(1.1) The right of access referred to in
subsection (1) is to be provided in accordance
with the following principles:
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3. (1) The definition ``government
institution'' in section 3 of the Act is
replaced by the following:
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``govern- ment institution'' « institution fédérale »
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``government institution'' means
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(2) The definition ``record'' in section 3 of
the Act is replaced by the following:
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``record'' « docu- ment »
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``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 recorded information ,
regardless of physical form or
characteristics or the medium in which it is
held, including material on which data is
recorded or marked and that is capable of
being read or understood by a person or a
computer system or other means, electronic
mail, electronic data interchange and
computer conferencing , and a copy of any
of these things ;
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4. Section 4 of the Act is amended by
adding the following after subsection (2):
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Right to
30-year-old
records
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(2.1) Notwithstanding any provision of this
Act, every person referred to in subsection (1)
has a right to and shall, on request, be given
access to any record generated by and under
the control of a government institution if the
record was created more than 30 years before
the request was made, unless the record
contains information the disclosure of which
could reasonably be expected to threaten the
safety or mental or physical health of
individuals or be injurious to the
constitutional integrity of Canada or the
current conduct of international affairs, the
defence of Canada or any state allied or
associated with Canada or the detection,
prevention or suppression of subversive or
hostile activities.
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5. Paragraph 5(1)(b) of the Act is
replaced by the following:
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6. Subsection 9(1) of the Act is amended
by adding the following after paragraph
(a):
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7. (1) Paragraphs 11(1)(a) and (b) of the
Act are replaced by the following:
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(2) Subsection 11(6) of the Act is replaced
by the following:
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Waiver
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(6) The head of a government institution to
which a request for access to a record is made
under this Act may waive the requirement to
pay a fee or other amount or a part thereof
under this section or may refund a fee or other
amount or a part thereof paid under this
section, taking into account the following
criteria in making the decision:
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Deemed
waiver of fee
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(7) Where the head of a government
institution fails to give access to a record
requested under this Act or a part thereof
within the time limits set out in this Act, the
head of the government institution shall be
deemed to have waived the requirement to pay
a fee or other amount or a part thereof under
this section.
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8. (1) Paragraph 13(1)(a) of the Act is
replaced by the following:
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(2) Paragraph 13(2)(b) of the Act is
replaced by the following:
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(3) Section 13 of the Act is amended by
adding the following after subsection (2):
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Consent to
disclosure of
correspond- ence
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(3) Where a record is requested under this
Act that contains information described in
subsection (1) that is an exchange of
correspondence between the government
institution and the government, organization
or institution, referred to in that subsection
and the government, organization or
institution has made public the portion of the
correspondence that originated from the
government institution, the head of the
government institution shall seek the consent
of the government, organization or institution
to disclose the record.
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30-year-old
information
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(4) The head of a government institution
may disclose any record requested under this
Act that contains information described in
subsection (3) if the correspondence was
exchanged more than 30 years before the
request was made, unless the record contains
information the disclosure of which could
reasonably be expected to threaten the safety
or mental or physical health of individuals or
be injurious to the constitutional integrity of
Canada or the current conduct of international
affairs, the defence of Canada or any state
allied or associated with Canada or the
detection, prevention or suppression of
subversive or hostile activities.
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9. Section 14 of the Act is replaced by the
following:
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Federal- provincial relations
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14. The head of a government institution
may refuse to disclose any record requested
under this Act that contains information the
disclosure of which could reasonably be
expected to be injurious to federal-provincial
relations , including, without restricting the
generality of the foregoing, any such
information
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National unity
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14.1 The head of a government institution
may refuse to disclose any record requested
under this Act that contains information on
plans, strategies or tactics relating to the
possible secession of a part of Canada,
including information held or collected for the
purpose of developing those plans, strategies
or tactics.
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10. The portion of subsection 15(1) of the
Act before paragraph (a) is replaced by the
following:
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International
affairs and
defence
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15. (1) The head of a government institution
may refuse to disclose any record requested
under this Act that contains information the
disclosure of which could reasonably be
expected to be injurious to the current conduct
of international affairs, the defence of Canada
or any state allied or associated with Canada
or the detection, prevention or suppression of
subversive or hostile activities, including,
without restricting the generality of the
foregoing, any such information
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11. Subsection 16(3) the Act is replaced
by the following:
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Policing
services for
provinces or
municipa- lities
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(3) The head of a government institution
may refuse to disclose any record requested
under this Act that contains information that
was obtained or prepared by the Royal
Canadian Mounted Police while performing
policing services for a province or a
municipality pursuant to an arrangement
made under section 20 of the Royal Canadian
Mounted Police Act, where
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12. Section 17 of the Act is replaced by the
following:
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Safety or
health of
individuals
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17. The head of a government institution
may refuse to disclose any record requested
under this Act that contains information the
disclosure of which could reasonably be
expected to threaten the safety or mental or
physical health of individuals.
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13. Section 18 of the Act is renumbered as
subsection 18(1) and is amended
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Disclosure
authorized in
certain
circumstances
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(2) The head of a government institution
may disclose any record requested under this
Act, or any part thereof, that contains
information described in subsection (1) if that
disclosure would be in the public interest as it
relates to public health, public safety,
protection of the environment or the
governance of corporations and, if the public
interest in disclosure clearly outweighs in
importance any financial loss, prejudice to the
competitive position of or any other injury
referred to in this section to the Government
of Canada or to a government institution or its
officers or employees.
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14. The portion of subsection 19(2) of the
Act before paragraph (a) is replaced by the
following:
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Where
disclosure
authorized
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(2) Subject to any other exemption under
this Act , the head of a government institution
shall disclose any record requested under this
Act that contains personal information if
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15. Subsection 20(6) of the Act is replaced
by the following:
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Disclosure
authorized if
in public
interest
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(6) The head of a government institution
may disclose any record requested under this
Act, or any part thereof, that contains
information described in paragraph (1)(a) ,
(b), (c) or (d) if that disclosure would be in the
public interest as it relates to public health,
public safety or protection of the environment
and, if the public interest in disclosure clearly
outweighs in importance any financial loss or
gain to, prejudice to the competitive position
of or interference with contractual or other
negotiations of a third party.
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Exception
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(7) The head of a government institution
may disclose any record requested under this
Act that is a contract to which a government
institution is a party or that is a bid for such a
contract.
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16. (1) Paragraph 21(1)(a) of the Act is
replaced by the following:
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(2) Paragraph 21(1)(d) of the Act is
replaced by the following:
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17. Section 23 of the Act is renumbered as
subsection 23(1) and is further amended by
adding the following subsection:
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Privilege not
waived
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(2) The disclosure of part of a record that
contains information that is subject to
solicitor-client privilege does not waive that
privilege in respect of the rest of the
document.
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18. Section 24 of the Act is repealed.
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19. Section 26 of the Act is replaced by the
following:
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Refusal of
access where
information to
be published
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26. The head of a government institution
may refuse to disclose any record requested
under this Act or any part thereof if the head
of the institution believes on reasonable
grounds that the material in the record or part
thereof will be published by a government
institution, agent of the Government of
Canada or minister of the Crown within sixty
days after the request is made or within such
further period of time as may be necessary for
printing or translating the material for the
purpose of printing it.
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20. The Act is amended by adding the
following after section 26:
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Frivolous or
abusive
requests
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26.1 The head of a government institution
may refuse to disclose any record requested
under this Act if the request is considered to be
frivolous or abusive in view of the number of
records requested or the nature of the request
itself.
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21. (1) Paragraph 30(1)(b) of the Act is
replaced by the following:
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(2) Subsection 30(1) of the Act is amended
by adding the following after paragraph
(d.1):
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