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Bill C-489

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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-489

An Act to amend the Access to Information Act (Cabinet confidences)

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; 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; 1999, cc. 9, 16, 17, 31

      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 15:

Cabinet confidences

15.1 (1) The head of a government institution shall refuse to disclose any record requested under this Act the disclosure of which could reasonably be expected to reveal the substance of deliberations of the Queen's Privy Council for Canada, including, without restricting the generality of the foregoing,

    (a) an agenda, minute or other record of the deliberations or decisions of Council;

    (b) a record containing proposals or recommendations submitted or proposed for submission to Council;

    (c) a record containing background explanations, analyses of problems or policy options that was created for consideration by Council in making a decision;

    (d) agendas of Council or formal or informal records recording deliberations or decisions of Council;

    (e) a record used for or revealing the substance of communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

    (f) a record prepared for the purpose of briefing a minister of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (e);

    (g) draft legislation or draft regulations;

    (h) a record that contains information about the contents of any record within a class of records referred to in paragraphs (a) to (g); and

    (i) a draft for any record within a class of records referred to in paragraphs (a) to (h).

Definition of ``Council''

(2) For the purposes of subsection (1), ``Council'' means the Queen's Privy Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet.

Exception

(3) Subsection (1) does not apply to

    (a) a record that has been in existence for fifteen years or more;

    (b) a record that is a decision on an appeal made by Council pursuant to an Act of Parliament;

    (c) a record containing background explanations, analyses of problems or policy options for consideration by Council in making decisions;

    (d) a summary of a decision of Council prepared to communicate it to the public or to enable it to be executed that does not reveal the substance of the deliberations of Council relating to it;

    (e) a record that the Council has agreed may be disclosed;

    (f) a record used to provide background information or explanation or analysis in relation to a submission to Council, but that was not prepared for that purpose;

    (g) a record that reveals a risk of significant harm to the environment or to the health or safety of the public, a class of the public or of the person applying for access to the record, or that is a record that should clearly in the public interest be disclosed; or

    (h) a record that, although referring to or implying the existence of a Council confidence, does not reveal its substance.

2. Subsection 52(1) of the Act is replaced by the following:

Applications re international affairs, defence or Cabinet

52. (1) Any application under section 41 or 42 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 or 15.1 shall be heard and determined by the Associate Chief Justice of the Federal Court or by such other judge of the Court as the Associate Chief Justice may designate to hear such applications.

3. Subsection 59(2) of the Act is replaced by the following:

Delegations re international affairs, defence or Cabinet

(2) The Information Commissioner may not, nor may an Assistant Information Commissioner, delegate the investigation of any complaint resulting from a refusal by the head of a government institution to disclose a record or a part of a record by reason of paragraph 13(1)(a) or (b) or section 15 or 15.1, except to an officer or employee of the Commissioner who has been cleared for security purposes to the level of top secret/special access by the appropriate authority for security matters of the Government of Canada.

4. Section 69 of the Act is repealed.

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