Bill C-2

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R.S., c. P-21

Privacy Act

120. (1) Subsections 53(1) and (2) of the Privacy Act are replaced by the following:

Appointment

53. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Secret ballot

(1.1) A resolution of the Senate or House of Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or standing order of that House.

Tenure

(2) Subject to this section, the Privacy Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

(2) Subsection 53(4) of the Act is replaced by the following:

Interim appointment

(4) In the event of the absence or incapacity of the Privacy Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

2005, c. 46

Public Servants Disclosure Protection Act

121. (1) Subsections 39(1) and (2) of the Public Servants Disclosure Protection Act are replaced by the following:

Appointment

39. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Secret ballot

(1.1) A resolution of the Senate or House of Commons under subsection (1) is to be based on a secret ballot of its members conducted in accordance with any rule or standing order of that House.

Tenure

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

(2) Subsection 39(4) of the Act is replaced by the following:

Interim appointment

(4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Transitional Provision

Transitional — continuation in office

122. A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 113, 115, 120 and 121, to hold office for the remainder of the term for which he or she had been appointed:

(a) the Information Commissioner under section 54 of the Access to Information Act;

(b) the Auditor General of Canada under section 3 of the Auditor General Act;

(d) the Commissioner of Official Languages for Canada under section 49 of the Official Languages Act;

(e) the Senate Ethics Officer under section 20.1 of the Parliament of Canada Act;

(f) the Ethics Commissioner under section 72.01 of the Parliament of Canada Act;

(g) the Privacy Commissioner under section 53 of the Privacy Act; and

(h) the Public Sector Integrity Commissioner under section 39 of the Public Servants Disclosure Protection Act.

PART 3

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS, ADMINISTRATIVE TRANSPARENCY AND DISCLOSURE OF WRONGDOING

Director of Public Prosecutions Act

Enactment of Act

123. The Director of Public Prosecutions Act is enacted as follows:

An Act respecting the office of the Director of Public Prosecutions

SHORT TITLE

Short title

1. This Act may be cited as the Director of Public Prosecutions Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“Attorney General”
« procureur général »

“Attorney General” means the Attorney General of Canada.

“prosecution”
« poursuite »

“prosecution”, except in relation to matters referred to in subsection 3(8), means a prosecution under the jurisdiction of the Attorney General, a proceeding respecting any offence, the prosecution — or prospective prosecution — of which is under the jurisdiction of the Attorney General, and any appeal related to such a prosecution or proceeding.

DIRECTOR OF PUBLIC PROSECUTIONS

Appointment

3. (1) The Governor in Council shall, on the recommendation of the Attorney General, appoint a Director of Public Prosecutions (in this Act referred to as the “Director”) in accordance with section 4.

Rank and status

(2) The Director has the rank and status of a deputy head of a department.

Duties and functions

(3) The Director, under and on behalf of the Attorney General,

(a) initiates and conducts prosecutions on behalf of the Crown;

(b) conducts, on behalf of the Crown and in respect of prosecutions, any appeal or other proceeding in which the Crown is named as a respondent;

(c) intervenes in any matter that raises a question of public interest that may affect the conduct of prosecutions or related investigations;

(d) issues guidelines to persons acting as federal prosecutors respecting the conduct of prosecutions generally;

(e) advises law enforcement agencies or investigative bodies in respect of prosecutions generally or in respect of a particular investigation that may lead to a prosecution;

(f) communicates with the media and the public on all matters respecting the initiation and conduct of prosecutions;

(g) exercises the authority of the Attorney General respecting private prosecutions, including to intervene and assume the conduct of — or direct the stay of — such prosecutions; and

(h) carries out any other duty or function assigned to the Director by the Attorney General that is compatible with the office of Director.

Deputy Attorney General

(4) For the purpose of exercising the powers and performing the duties and functions referred to in subsection (3), the Director is the Deputy Attorney General of Canada.

Guidelines not statutory instruments

(5) For greater certainty, guidelines referred to in paragraph (3)(d) are not statutory instruments within the meaning of the Statutory Instruments Act.

Publication

(6) Any assignment under paragraph (3)(h) must be in writing and be published by the Attorney General in the Canada Gazette.

Agreements and arrangements

(7) The Director may, for the purposes of exercising the powers and performing the duties and functions referred to in subsection (3), enter into an agreement or arrangement on behalf of the Attorney General with the government of a province.

Duties — election-related matters

(8) The Director initiates and conducts prosecutions on behalf of the Crown with respect to any offences under the Canada Elections Act, as well as any appeal or other proceeding related to such a prosecution.

Other powers, duties and functions

(9) The Director may, under and on behalf of the Attorney General, exercise any powers or perform any duties or functions of the Attorney General under the Extradition Act or the Mutual Legal Assistance in Criminal Matters Act.

Selection committee

4. (1) The Attorney General shall establish a selection committee consisting of the following members:

(a) a person named by the Federation of Law Societies of Canada;

(b) a person named by each recognized political party in the House of Commons;

(d) the Deputy Minister of the Department of Public Safety and Emergency Preparedness; and

(e) a person selected by the Attorney General.

List of candidates

(2) The Attorney General shall submit to the selection committee a list of not more than 10 candidates whom he or she considers suitable to be appointed as Director, each of whom must be a member of at least 10 years standing at the bar of any province. The committee shall assess the candidates and recommend three of them to the Attorney General.

Selection

(3) The Attorney General shall, from among those three candidates, select the one whom he or she considers most suitable for the office of Director.

Referral to committee

(4) The question of the appointment of the selected candidate is referred for consideration to a committee designated or established by Parliament for that purpose.

Recommendation to Governor in Council

(5) After the parliamentary committee’s review, the Attorney General may recommend to the Governor in Council that the selected candidate be appointed as Director, or may refer to the committee the appointment of another candidate recommended under subsection (2).

Tenure and term

5. (1) The Director holds office, during good behaviour, for a term of seven years, but may be removed by the Governor in Council at any time for cause. The Director is not eligible to be reappointed for a further term of office.

End of term

(2) At the end of the Director’s term, the Director shall continue in office until his or her successor is appointed.

Full-time

(3) The Director shall engage exclusively in the duties and functions of his or her office under this Act or any other Act of Parliament and shall not hold any other office or engage in any other employment for reward.

Incapacity or vacancy

(4) In the event of the incapacity of the Director or a vacancy in that office, the Governor in Council may authorize a Deputy Director of Public Prosecutions to act as Director, but no person may act as Director for a period exceeding 12 months without the approval of the Governor in Council.

Remuneration and expenses

(5) The Director shall be paid the remuneration and expenses that are fixed by the Governor in Council. Once fixed, the remuneration may not be reduced.

DEPUTY DIRECTORS, PROSECUTORS AND OTHER STAFF

Deputy Director

6. (1) The Governor in Council shall, on the recommendation of the Attorney General, appoint one or more members of at least 10 years’ standing at the bar of any province to be Deputy Directors of Public Prosecutions.

Selection committee

(2) The Attorney General may only make the recommendation after consultation with a selection committee consisting of the Director, a person representing the Federation of Law Societies of Canada and the Deputy Minister of Justice.

Powers, duties and functions — lawful deputy

(3) Under the supervision of the Director, a Deputy Director may exercise any of the powers and perform any of the duties or functions referred to in subsection 3(3) and, for that purpose, is a lawful deputy of the Attorney General.

Other powers, duties and functions

(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament.

Employed federal prosecutors

7. (1) The federal prosecutors that are necessary to enable the Director to perform any of the duties or functions of his or her office shall be appointed in accordance with the Public Service Employment Act.

Non-employed federal prosecutors

(2) The Director may also for that purpose retain, on behalf of Her Majesty, the services of barristers and, in the Province of Quebec, advocates to act as federal prosecutors and, with the approval of the Treasury Board, may fix and pay their fees, expenses and other remuneration.

Qualification

(3) A person appointed under subsection (1) or whose services are retained under subsection (2) must be a member of the bar of a province.

Other staff

8. (1) Any other officers and employees that are necessary to enable the Director to perform any of the duties and functions of his or her office shall be appointed in accordance with the Public Service Employment Act.

Technical assistance

(2) The Director may engage the services of persons having technical or specialized knowledge of any matter relating to the Director’s work to advise and assist the Director in performing any of the duties and functions of his or her office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

DELEGATION

Delegation

9. (1) The Director may, subject to any restrictions or limitations that the Director specifies, authorize a federal prosecutor, a person acting as a federal prosecutor under subsection 7(2) or any person referred to in subsection 8(1) to act for or on behalf of the Director in the exercise of any of the powers or the performance of any of the duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except the power to delegate under this subsection.

Agency

(2) Every person who is authorized under subsection (1) acts as an agent of the Director and is not required to prove such authorization.

Designation

(3) The Director, a Deputy Director and any person referred to in subsection 7(3) may be designated as an agent of the Minister of Public Safety and Emergency Preparedness under section 185 of the Criminal Code.

DIRECTIVES

Directive from Attorney General — specific prosecution

10. (1) Any directive that the Attorney General issues to the Director with respect to the initiation or conduct of any specific prosecution must be in writing and be published in the Canada Gazette.

Directive — generally applicable

(2) The Attorney General may, after consulting the Director, issue directives respecting the initiation or conduct of prosecutions generally. Any such directives must be in writing and be published in the Canada Gazette.

Delay in publication — directive

11. (1) The Attorney General or the Director may, if he or she considers it to be in the interests of the administration of justice, direct that the publication in the Canada Gazette of a directive referred to in subsection 10(1) be delayed.

Limit on delay

(2) The publication of a directive may not be delayed beyond the completion of the prosecution or any related prosecution.

Directives not statutory instruments

12. For greater certainty, directives issued under section 10 are not statutory instruments within the meaning of the Statutory Instruments Act.

ISSUES OF GENERAL PUBLIC INTEREST

Duty to inform

13. The Director must inform the Attorney General, in a timely manner, of any prosecution that raises questions of general interest beyond the scope of those usually raised in prosecutions.

Intervention

14. When, in the opinion of the Attorney General, proceedings raise questions of public interest beyond the scope of those usually raised in prosecutions, the Attorney General may, after notifying the Director, intervene in first instance or on appeal.

ASSUMING CONDUCT OF PROSECUTION

Taking conduct of prosecution

15. (1) The Attorney General may only assume conduct of a prosecution after first consulting the Director. The Attorney General must then give to the Director a notice of intent to assume conduct of the prosecution and publish it in the Canada Gazette without delay.

Transfer of file

(2) The Director is required to turn the prosecution file over to the Attorney General and to provide any information that the Attorney General requires within the time specified.

Delay in publication

(3) However, publication may be delayed if the Attorney General or the Director considers it to be in the interests of the administration of justice.

ANNUAL REPORT

Annual report

16. (1) The Director shall, not later than June 30 of each year, report to the Attorney General in respect of the activities of the office of the Director — except in relation to matters referred to in subsection 3(8) — in the immediately preceding fiscal year.

Tabling in Parliament

(2) The Attorney General shall cause a copy of the Director’s report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives the report.

Transitional Provisions

Definition of “other Act”

124. In sections 125 to 129 of this Act, “other Act” means the Director of Public Prosecutions Act, as enacted by section 123 of this Act.

Acting Director

125. (1) The person who holds the position of Assistant Deputy Attorney General (Criminal Law) in the Department of Justice immediately before the day on which this section comes into force is authorized to act as the Director of Public Prosecutions under the other Act for a period of one year after that day, and continuing after that year until the appointment of the Director of Public Prosecutions under subsection 3(1) of the other Act.

Acting Deputy Director

(2) That person may authorize two members of at least 10 years’ standing at the bar of any province to act as Deputy Directors of Public Prosecutions under the other Act until the appointment of a Deputy Director of Public Prosecutions under subsection 6(1) of the other Act.

Transfer of employees

126. (1) The coming into force of the other Act shall not be construed as affecting the status of an employee who occupied, immediately before the day on which the other Act comes into force, a position in the Department of Justice in the administrative unit known as the Federal Prosecution Service, except that the employee from that day occupies that position in the Office of the Director of Public Prosecutions.

Transfer of other staff

(2) The Governor in Council may, by order made on the recommendation of the Treasury Board, if the Governor in Council is of the opinion that an employee or class of employees in the Department of Justice is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests of the core public administration to do so, declare that the employee or class of employees shall, on the day on which the order comes into force, occupy their positions in the Office of the Director of Public Prosecutions.

Definition of “employee”

(3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Non-employed federal prosecutors

127. Any barrister or, in the Province of Quebec, any advocate whose services were retained, immediately before the day on which the other Act comes into force, to act as a prosecutor for the Crown in connection with any matter is deemed, on that day, to have had his or her services retained under subsection 7(2) of the other Act to act in connection with that matter.

Transfer of appropriations

128. Any amount that is appropriated, for the fiscal year in which the other Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the Department of Justice in relation to duties and functions carried out by the administrative unit known as the Federal Prosecution Service and that, on the day on which the other Act comes into force, is unexpended, is deemed to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions.

Continuation of prosecutions

129. (1) Any prosecution to which the Attorney General of Canada is a party and that is ongoing on the day on which the other Act comes into force is continued by the Director of Public Prosecutions without further formality.

Definition of “prosecution”

(2) In subsection (1), “prosecution” has the same meaning as in section 2 of the other Act.

Election-related prosecutions

130. Any prosecution for an offence under the Canada Elections Act that is pending immediately before the day on which sections 123 and 132 to 138 of this Act come into force may continue to be conducted by the Commissioner of Canada Elections, as well as any appeal or other proceeding related to such a prosecution as if those sections had not come into force.

Consequential Amendments

R.S., c. A-1

Access to Information Act

131. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Director of Public Prosecutions

Bureau du directeur des poursuites pénales

2000, c. 9

Canada Elections Act

2003, c. 19, s. 62

132. Section 511 of the Canada Elections Act is replaced by the following:

Director of Public Prosecutions may prosecute

511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution.

Information

(2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.

Search and seizure

(3) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

133. (1) Subsection 512(1) of the Act is replaced by the following:

Director’s consent required

512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent.

(2) Subsection 512(3) of the Act is replaced by the following:

Proof of consent

(3) Every document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.

134. Section 513 of the Act is replaced by the following:

Commissioner may intervene

513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, injunction or compliance agreement under this Act.

135. (1) Subsection 517(1) of the Act is replaced by the following:

Compliance agreements

517. (1) Subject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the “contracting party”).

2001, c. 21, s. 25(E)

(2) Subsections 517(6) to (8) of the Act are replaced by the following:

Effect of compliance agreement — no referral

(6) If a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it.

Matter that has been referred

(7) If a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — remit the matter back to the Commissioner so that it may be so dealt with.

Effect of compliance agreement

(8) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution.

Renegotiation

(9) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

Copy to be provided

(10) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director.

136. Sections 518 and 519 of the Act are replaced by the following:

If agreement complied with

518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

Effect of notice

(2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from referring the matter to the Director of Public Prosecutions and the Director from instituting such a prosecution.

If agreement not complied with

519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that, as the case may be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

137. The Act is amended by adding the following after section 535:

Consultation

535.1 The Chief Electoral Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any question relating to measures taken under section 511 or 512.

138. Subsection 540(4) of the Act is replaced by the following:

Exception

(4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or provided to the Director of Public Prosecutions who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.

R.S., c. J-2

Department of Justice Act

139. Subsection 3(2) of the Department of Justice Act is replaced by the following:

Deputy Attorney General

(2) The Deputy Minister is ex officio the Deputy Attorney General except in respect of the powers, duties and functions that the Director of Public Prosecutions is authorized to exercise or perform under subsection 3(3) of the Director of Public Prosecutions Act.

R.S., c. F-11

Financial Administration Act

140. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I:

Office of the Director of Public Prosecutions

Bureau du directeur des poursuites pénales

and a corresponding reference in column II to the “Minister of Justice”.

141. Schedule IV to the Act is amended by adding the following in alphabetical order:

Office of the Director of Public Prosecutions

Bureau du directeur des poursuites pénales

R.S., c. P-21

Privacy Act

142. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Director of Public Prosecutions

Bureau du directeur des poursuites pénales

R.S., c. A-1

Access to Information Act

143. The definitions “designated Minister”, “head” and “record” in section 3 of the Access to Information Act are replaced by the following:

“designated Minister”
« ministre désigné »

“designated Minister” means a person who is designated as the Minister under subsection 3.2(1);

“head”
« responsable d’institution fédérale »

“head”, in respect of a government institution, means

(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

(b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title;

“record”
« document »

“record” means any documentary material, regardless of medium or form;

144. The Act is amended by adding the following after section 3:

For greater certainty

3.1 For greater certainty, for the purposes of this Act, information that relates to the general administration of a government institution includes information that relates to expenses paid by the institution for travel, including lodging, and hospitality.

DESIGNATION

Power to designate Minister

3.2 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

Power to designate head

(2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.

145. Section 4 of the Act is amended by adding the following after subsection (2):

Responsibility of government institutions

(2.1) The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide access to the record in the format requested.

146. The Act is amended by adding the following in numerical order:

Records relating to investigations, examinations and audits

16.1 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;

(d) the Privacy Commissioner.

147. The Act is amended by adding the following in numerical order:

Examinations and reviews under Canada Elections Act

16.3 The Chief Electoral Officer shall refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an examination or review under the Canada Elections Act.

148. (1) Paragraph 18(b) of the Act is replaced by the following:

(b) information the disclosure of which could reasonably be expected to result in material financial loss to, or could reasonably be expected to prejudice the competitive position of, a government institution with respect to all or part of its operations;

(b.1) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a government institution;

(2) The portion of paragraph 18(d) of the Act before subparagraph (i) is replaced by the following:

(d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of the Government of Canada or of all or part of a government institution or to the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including such information that relates to

149. The Act is amended by adding the following after section 18:

Economic interests of certain Crown corporations

18.1 (1) The head of a government institution may refuse to disclose a record requested under this Act that contains trade secrets or financial, commercial, scientific or technical information that belongs to, and has consistently been treated as confidential by,

(a) the Canada Post Corporation;

(b) Export Development Canada;

(d) VIA Rail Canada Inc.

Exceptions

(2) However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains information that relates to

(a) the general administration of an institution referred to in any of paragraphs (1)(a) to (d); or

(b) any activity of the Canada Post Corporation that is fully funded out of moneys appropriated by Parliament.

150. The Act is amended by adding the following after section 20:

National Arts Centre Corporation

20.1 The head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Act if the disclosure would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential.

Public Sector Pension Investment Board

20.2 The head of the Public Sector Pension Investment Board shall refuse to disclose a record requested under this Act that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated the advice or information as confidential.

151. (1) Paragraph 21(1)(b) of the Act is replaced by the following:

(b) an account of consultations or deliberations in which directors, officers or employees of a government institution, a minister of the Crown or the staff of a minister participate;

(2) Paragraph 21(2)(b) of the Act is replaced by the following:

(b) a report prepared by a consultant or an adviser who was not a director, an officer or an employee of a government institution or a member of the staff of a minister of the Crown at the time the report was prepared;

152. The Act is amended by adding the following after section 22:

Internal audits

22.1 (1) The head of a government institution may refuse to disclose any record requested under this Act that contains a draft report of an internal audit of a government institution or any related audit working paper if the record came into existence less than fifteen years before the request was made.

Exception

(2) However, the head of a government institution shall not refuse under subsection (1) to disclose a part of a record that contains the most recent draft report of an internal audit of a government institution 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.

153. Section 31 of the Act is replaced by the following:

Written complaint

31. A complaint under this Act shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds for the complaint exist.

154. Paragraph 35(2)(c) of the French version of the Act is replaced by the following:

c) un tiers, s’il est possible de le joindre sans difficultés, dans le cas où le Commissaire à l’information a l’intention de recommander, aux termes du paragraphe 37(1), la communication de tout ou partie d’un document qui contient ou est, selon lui, susceptible de contenir des secrets industriels du tiers, des renseignements visés à l’alinéa 20(1)b) qui ont été fournis par le tiers ou des renseignements dont la communication risquerait, selon lui, d’entraîner pour le tiers les conséquences visées aux alinéas 20(1)c) ou d).

R.S., c. 27 (1st Supp.), s. 187 (Sch. V, item 1(1))

155. Subsection 36(3) of the Act is replaced by the following:

Evidence in other proceedings

(3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under section 67, in a review before the Court under this Act or in an appeal from such proceedings, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.

156. Subsection 47(2) of the Act is replaced by the following:

Disclosure of offence authorized

(2) The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence.

157. Subsection 58(2) of the French version of the Act is replaced by the following:

Assistance technique

(2) Le Commissaire à l’information peut retenir temporairement les services d’experts ou de spécialistes dont la compétence lui est utile dans l’exercice des fonctions que lui confèrent la présente loi ou une autre loi fédérale; il peut fixer et payer, avec l’approbation du Conseil du Trésor, leur rémunération et leurs frais.

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

Investigations relating to international affairs and defence

(2) The Information Commissioner or an Assistant Information Commissioner may not delegate the investigation of a complaint resulting from a refusal by the head of a government institution to disclose all or part of a record under paragraph 13(1)(a) or (b) or section 15 except to one of eight officers or employees — or one of any greater number of officers or employees fixed by the designated Minister — specifically designated by the Commissioner for the purpose of conducting those investigations.

159. Subsection 63(2) of the Act is replaced by the following:

Disclosure of offence authorized

(2) The Information Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.

160. The heading before section 68 of the Act is replaced by the following:

EXCLUSIONS

161. The Act is amended by adding the following after section 68:

Canadian Broadcasting Corporation

68.1 This Act does not apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities, other than information that relates to its general administration.

Atomic Energy of Canada Limited

68.2 This Act does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates to

(a) its general administration; or

(b) its operation of any nuclear facility within the meaning of section 2 of the Nuclear Safety and Control Act that is subject to regulation by the Canadian Nuclear Safety Commission established under section 8 of that Act.

162. The Act is amended by adding the following after section 69.1:

GENERAL

163. (1) Subsection 70(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) cause statistics to be collected on an annual basis for the purpose of assessing the compliance of government institutions with the provisions of this Act and the regulations relating to access; and

(2) Section 70 of the Act is amended by adding the following after subsection (1):

Duties and functions of designated Minister

(1.1) The designated Minister may fix the number of officers or employees of the Information Commissioner for the purposes of subsection 59(2).

164. Paragraph 77(1)(a) of the Act is replaced by the following:

(a) prescribing limitations in respect of the format in which records are to be provided under subsection 4(2.1);

(a.1) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);

165. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Atomic Energy of Canada Limited

Énergie atomique du Canada, Limitée

Canada Post Corporation

Société canadienne des postes

Canadian Broadcasting Corporation

Société Radio-Canada

Export Development Canada

Exportation et développement Canada

National Arts Centre Corporation

Corporation du Centre national des Arts

Public Sector Pension Investment Board

Office d’investissement des régimes de pensions du secteur public

VIA Rail Canada Inc.

166. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canada Foundation for Innovation

Fondation canadienne pour l’innovation

Canada Foundation for Sustainable Development Technology

Fondation du Canada pour l’appui technologique au développement durable

Canada Millennium Scholarship Foundation

Fondation canadienne des bourses d’études du millénaire

167. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Auditor General of Canada

Bureau du vérificateur général du Canada

168. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Chief Electoral Officer

Bureau du directeur général des élections

169. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Commissioner of Official Languages

Commissariat aux langues officielles

170. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Information Commissioner

Commissariat à l’information

171. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Privacy Commissioner

Commissariat à la protection de la vie privée

172. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Export Development Act

Loi sur le développement des exportations

and a corresponding reference to “section 24.3”.

2000, c. 9

Canada Elections Act

Amendments to Act

173. Subsection 22(1) of the Canada Elections Act is amended by adding the following after paragraph (c):

(c.1) persons designated pursuant to subsection 28(3.1);

174. (1) Subsection 24(1) of the Act is replaced by the following:

Appointment of returning officers

24. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

Qualifications

(1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish a process for their appointment on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

Meaning of merit

(1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

(a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

(b) any current or future operational requirements.

Term of office

(1.3) A returning officer shall be appointed for a term of ten years.

Reappointment

(1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, reappoint for another term any returning officer whose term expires and who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment.

Continuation in office

(1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

(2) Subsection 24(4) of the Act is replaced by the following:

Vacancy

(4) The office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

(3) The portion of subsection 24(7) of the Act before paragraph (a) is replaced by the following:

Removal from office

(7) The Chief Electoral Officer may remove from office any returning officer who

175. Section 25 of the Act is replaced by the following:

List in Canada Gazette

25. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

176. Subsections 28(2) to (4) of the Act are replaced by the following:

Assistant returning officer to act

(3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.

Designated person to act

(3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer.

Appointment within limited period

(4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

177. Section 536 of the Act is replaced by the following:

Report on returning officer qualifications

535.2 Whenever the Chief Electoral Officer, pursuant to subsection 24(1.1), prescribes the qualifications for the appointment of persons as returning officers or establishes a process for their appointment or a procedure for their removal — or modifies those qualifications, that process or that procedure in a significant manner — the Chief Electoral Officer shall report accordingly to the Speaker of the House of Commons without delay.

Submission of report to House of Commons

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535 or 535.1 to the House of Commons without delay.

Transitional Provisions

Incumbent returning officers

178. (1) The term of office of a returning officer who holds office immediately before the day on which this section comes into force expires on that day.

No right to compensation

(2) No person has any right or claim to receive compensation, damages, indemnity or any other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office pursuant to subsection (1).

R.S., c. E-20; 2001, c. 33, s. 2(F)

Export Development Act

179. The Export Development Act is amended by adding the following after section 24.2:

Privileged information

24.3 (1) Subject to subsection (2), all information obtained by the Corporation in relation to its customers is privileged and a director, officer, employee or agent of, or adviser or consultant to, the Corporation must not knowingly communicate, disclose or make available the information, or permit it to be communicated, disclosed or made available.

Authorized disclosure

(2) Privileged information may be communicated, disclosed or made available

(a) for the purpose of the administration or enforcement of this Act and legal proceedings related to it;

(b) for the purpose of prosecuting an offence under this Act or any other Act of Parliament;

(c) to the Minister of National Revenue solely for the purpose of administering or enforcing the Income Tax Act or the Excise Tax Act; or

(d) with the written consent of the person to whom the information relates.

2004, c. 11

Library and Archives of Canada Act

180. The Library and Archives of Canada Act is amended by adding the following after section 15:

Public opinion research

15.1 Every department, as defined in section 2 of the Financial Administration Act, shall, within six months after the completion of any data collection done for the purposes of public opinion research carried out under a contract at the request of the department and for the exclusive use of Her Majesty in right of Canada, send to the Librarian and Archivist the written report referred to in subsection 40(2) of the Financial Administration Act.

R.S., c. P-21

Privacy Act

181. The definitions “designated Minister” and “head” in section 3 of the Privacy Act are replaced by the following:

“designated Minister”
« ministre désigné »

“designated Minister” means a person who is designated as the Minister under subsection 3.1(1);

“head”
« responsable d’institution fédérale »

“head”, in respect of a government institution, means

(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

(b) in any other case, either the person designated under subsection 3.1(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title;

182. The Act is amended by adding the following after section 3:

DESIGNATION

Power to designate Minister

3.1 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

Power to designate head

(2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.

183. The Act is amended by adding the following in numerical order:

Information obtained by Privacy Commissioner

22.1 The Privacy Commissioner shall refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of the Commissioner in the course of an investigation conducted by the Commissioner or under the Commissioner’s authority.

184. Subsection 46(2) of the Act is replaced by the following:

Disclosure of offence authorized

185. Subsection 58(2) of the French version of the Act is replaced by the following:

Assistance technique

(2) Le Commissaire à la protection de la vie privée peut retenir temporairement les services d’experts ou de spécialistes dont la compétence lui est utile dans l’exercice des fonctions que lui confèrent la présente loi ou une autre loi fédérale; il peut fixer et payer, avec l’approbation du Conseil du Trésor, leur rémunération et leurs frais.

186. Subsection 64(2) of the Act is replaced by the following:

Disclosure of offence authorized

(2) The Privacy Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Commissioner’s opinion, there is evidence of such an offence.

187. The heading before section 69 of the Act is replaced by the following:

EXCLUSIONS

188. The Act is amended by adding the following after section 69:

Canadian Broadcasting Corporation

69.1 This Act does not apply to personal information that the Canadian Broadcasting Corporation collects, uses or discloses for journalistic, artistic or literary purposes and does not collect, use or disclose for any other purpose.

189. The Act is amended by adding the following after section 70.1:

GENERAL

190. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Atomic Energy of Canada Limited

Énergie atomique du Canada, Limitée

Canadian Broadcasting Corporation

Société Radio-Canada

Public Sector Pension Investment Board

Office d’investissement des régimes de pensions du secteur public

VIA Rail Canada Inc.

191. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canada Foundation for Innovation

Fondation canadienne pour l’innovation

Canada Foundation for Sustainable Development Technology

Fondation du Canada pour l’appui technologique au développement durable

Canada Millennium Scholarship Foundation

Fondation canadienne des bourses d’études du millénaire

192. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Information Commissioner

Commissariat à l’information

193. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Privacy Commissioner

Commissariat à la protection de la vie privée

2005, c. 46

Public Servants Disclosure Protection Act

Amendments to Act

194. (1) Section 2 of the Public Servants Disclosure Protection Act is renumbered as subsection 2(1).

(2) The definition “Minister” in subsection 2(1) of the Act is replaced by the following:

“Minister”
« ministre »

“Minister” means, in respect of sections 4, 5, 38.1 and 54, the Minister responsible for the Agency.

(3) The portion of the definition “reprisal” in subsection 2(1) of the Act before paragraph (a) is replaced by the following:

“reprisal”
« représailles »

“reprisal” means any of the following measures taken against a public servant because the public servant has made a protected disclosure or has, in good faith, cooperated in an investigation into a disclosure or an investigation commenced under section 33:

(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“Agency”
« Agence »

“Agency” means the Public Service Human Resources Management Agency of Canada.

“investigation”
« enquête »

“investigation” means, for the purposes of sections 24, 25, 26 to 31, 33, 34, 36 and 37, an investigation into a disclosure and an investigation commenced under section 33.

“Tribunal”
« Tribunal »

“Tribunal” means the Public Servants Disclosure Protection Tribunal established under subsection 20.7(1).

(5) Section 2 of the Act is amended by adding the following after subsection (1):

Taking a reprisal

(2) Every reference in this Act to a person who has taken a reprisal includes a person who has directed the reprisal to be taken.

195. Section 2.1 of the Act is repealed.

196. Paragraph 3(a) of the Act is replaced by the following:

(a) Schedule 1 by adding the name of any Crown corporation or other public body;

197. (1) Paragraph 8(a) of the Act is replaced by the following:

(a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act;

(2) Section 8 of the Act is amended by adding the word “and” at the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:

(f) knowingly directing or counselling a person to commit a wrongdoing set out in any of paragraphs (a) to (e).

198. Subsection 10(4) of the Act is replaced by the following:

Exception

(4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Agency, that it is not practical to apply those subsections given the size of that portion of the public sector.

199. Section 11 of the Act is replaced by the following:

Duty of chief executives

11. (1) Each chief executive must

(a) subject to paragraph (c) and any other Act of Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

(b) establish procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings; and

(c) if wrongdoing is found as a result of a disclosure made under section 12, promptly provide public access to information that

(i) describes the wrongdoing, including information that could identify the person found to have committed it if it is necessary to identify the person to adequately describe the wrongdoing, and

(ii) sets out the recommendations, if any, set out in any report made to the chief executive in relation to the wrongdoing and the corrective action, if any, taken by the chief executive in relation to the wrongdoing or the reasons why no corrective action was taken.

Exception

(2) Nothing in paragraph (1)(c) requires a chief executive to provide public access to information the disclosure of which is subject to any restriction created by or under any Act of Parliament.

200. Subsection 13(1) of the Act is replaced by the following:

Disclosure to the Commissioner

13. (1) A public servant may disclose information referred to in section 12 to the Commissioner.

201. The heading before section 19 and sections 19 to 21.1 of the Act are replaced by the following:

Explanatory Notes

Privacy Act

Clause 120: (1) Existing text of subsections 53(1) and (2):

53. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after approval of the appointment by resolution of the Senate and House of Commons.

(2) Subject to this section, the Privacy Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

(2) Existing text of subsection 53(4):

(4) In the event of the absence or incapacity of the Privacy Commissioner, or if the office of Privacy Commissioner is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Commissioner for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Privacy Commissioner under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

Public Servants Disclosure Protection Act

Clause 121: (1) Existing text of subsections 39(1) and (2):

39. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after approval of the appointment by resolution of the Senate and House of Commons.

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

(2) Existing text of subsection 39(4):

(4) In the event of the absence or incapacity of the Commissioner, or if the office of Commissioner is vacant, the Governor in Council may appoint another qualified person to hold office instead of the Commissioner for a term of not more than six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Commissioner under this or any other Act of Parliament and be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

Canada Elections Act

Clause 132: Existing text of section 511:

511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be instituted.

(2) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer.

Clause 133: (1) Existing text of subsection 512(1):

512. (1) No prosecution for an offence under this Act may be instituted by a person other than the Commissioner without the Commissioner’s prior written consent.

(2) Existing text of subsection 512(3):

(3) Every document purporting to be the Commissioner’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Commissioner or by someone acting for the Commissioner or for Her Majesty.

Clause 134: Existing text of section 513:

513. The Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, prosecution, injunction or compliance agreement under this Act.

Clause 135: (1) Existing text of subsection 517(1):

517. (1) If the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under this Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 518 to 521 called the “contracting party”).

(2) Existing text of subsections 517(6) to (8):

(6) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Commissioner may not institute such a prosecution.

(7) The Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.

(8) The Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (7).

Clause 136: Existing text of sections 518 and 519:

518. (1) If the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party.

(2) Service of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from instituting such a prosecution.

519. If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that the Commissioner may institute proceedings against him or her in respect of the original act or omission or, if such proceedings have been instituted and suspended by virtue of subsection 517(6), they may be resumed.

Clause 137: New.

Clause 138: Existing text of subsection 540(4):

Department of Justice Act

Clause 139: Existing text of subsection 3(2):

(2) The Deputy Minister is ex officio the Deputy Attorney General.

Access to Information Act

Clause 143: Existing text of the definitions:

“designated Minister”, in relation to any provision of this Act, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of that provision;

“head”, in respect of a government institution, means

(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada presiding over that institution, or

(b) in any other case, the person designated by order in council pursuant to this paragraph and for the purposes of this Act to be the head of that institution;

“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 documentary material, regardless of physical form or characteristics, and any copy thereof;

Clause 144: New.

Clause 145: New.

Clause 146: New.

Clause 147: New.

Clause 148: (1) and (2) Relevant portion of section 18:

18. The head of a government institution may refuse to disclose any record requested under this Act that contains

...

(b) information the disclosure of which could reasonably be expected to prejudice the competitive position of a government institution;

...

(d) information the disclosure of which could reasonably be expected to be materially injurious to the financial interests of the Government of Canada or the ability of the Government of Canada to manage the economy of Canada or could reasonably be expected to result in an undue benefit to any person, including, without restricting the generality of the foregoing, any such information relating to

Clause 149: New.

Clause 150: New.

Clause 151: (1) Relevant portion of subsection 21(1):

21. (1) The head of a government institution may refuse to disclose any record requested under this Act that contains

...

(b) an account of consultations or deliberations involving officers or employees of a government institution, a minister of the Crown or the staff of a minister of the Crown,

(2) Relevant portion of subsection 21(2):

(2) Subsection (1) does not apply in respect of a record that contains

...

(b) a report prepared by a consultant or an adviser who was not, at the time the report was prepared, an officer or employee of a government institution or a member of the staff of a minister of the Crown.

Clause 152: New.

Clause 153: Existing text of section 31:

31. A complaint under this Act shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise and shall, where the complaint relates to a request for access to a record, be made within one year from the time when the request for the record in respect of which the complaint is made was received.

Clause 154: Relevant portion of subsection 35(2):

(2) In the course of an investigation of a complaint under this Act by the Information Commissioner, a reasonable opportunity to make representations shall be given to

...

(c) where the Information Commissioner intends to recommend under subsection 37(1) that a record or a part thereof be disclosed that contains or that the Information Commissioner has reason to believe might contain

(i) trade secrets of a third party,

(ii) information described in paragraph 20(1)(b) that was supplied by a third party, or

(iii) information the disclosure of which the Information Commissioner could reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party,

the third party, if the third party can reasonably be located,

but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Commissioner by any other person.

Clause 155: Existing text of subsection 36(3):

(3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under this Act, or in a review before the Court under this Act or an appeal therefrom, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.

Clause 156: Existing text of subsection 47(2):

(2) The Court may disclose to the appropriate authority information relating to the commission of an offence against any law of Canada or a province on the part of any officer or employee of a government institution, if in the opinion of the Court there is evidence thereof.

Clause 157: Existing text of subsection 58(2):

(2) The Privacy Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of such persons.

Clause 158: Existing text of subsection 59(2):

(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 except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.

Clause 159: Existing text of subsection 63(2):

(2) The Information Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against any law of Canada or a province on the part of any officer or employee of a government institution if in the opinion of the Commissioner there is evidence thereof.

Clause 160: Existing text of the heading:

GENERAL

Clause 161: New.

Clause 162: New.

Clause 163: (1) Relevant portion of subsection 70(1):

70. (1) Subject to subsection (2), the designated Minister shall

(2) New.

Clause 164: Relevant portion of subsection 77(1):

77. (1) The Governor in Council may make regulations

(a) prescribing limitations in respect of records that can be produced from machine readable records for the purpose of subsection 4(3);

Canada Elections Act

Clause 173: Relevant portion of subsection 22(1):

22. (1) The following persons are election officers:

Clause 174: (1) Existing text of subsection 24(1):

24. (1) The Governor in Council shall appoint a returning officer for each electoral district and may only remove him or her for cause under subsection (7).

(2) Existing text of subsection 24(4):

(4) The office of a returning officer is not vacant unless the returning officer dies, resigns, ceases to reside in the electoral district or is removed from office or the boundaries of their electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

(3) Relevant portion of subsection 24(7):

(7) The Governor in Council may remove from office any returning officer who

Clause 175: Existing text of section 25:

25. The name, address and occupation of each person appointed as a returning officer and the name of the electoral district for which he or she is appointed shall be communicated as soon as practicable to the Chief Electoral Officer. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

Clause 176: Existing text of subsections 28(2) to (4):

(2) The Chief Electoral Officer shall communicate any notification received under subsection (1) to the Minister.

(3) If a returning officer becomes unable to act, the assistant returning officer shall act until the appointment of a new returning officer or until the returning officer becomes able to act.

(4) Within 60 days after the date on which the Chief Electoral Officer has been notified of a vacancy in the office of a returning officer or accepts the resignation of a returning officer, the Governor in Council shall appoint a new returning officer.

Clause 177: Existing text of section 536:

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534 or 535 to the House of Commons without delay.

Export Development Act

Clause 179: New.

Library and Archives of Canada Act

Clause 180: New.

Privacy Act

Clause 181: Existing text of the definitions:

“head”, in respect of a government institution, means

(a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada presiding over that institution, or

(b) in any other case, the person designated by order in council pursuant to this paragraph and for the purposes of this Act to be the head of that institution;

Clause 182: New.

Clause 183: New.

Clause 184: Existing text of subsection 46(2):

Clause 185: Existing text of subsection 58(2):

Clause 186: Existing text of subsection 64(2):

(2) The Privacy Commissioner may disclose to the Attorney General of Canada information relating to the commission of an offence against any law of Canada or a province on the part of any officer or employee of a government institution if in the opinion of the Commissioner there is evidence thereof.

Clause 187: Existing text of the heading:

GENERAL

Clause 188: New.

Clause 189: New.

Public Servants Disclosure Protection Act

Clause 194: (2) Existing text of the definition:

“Minister” means, in respect of sections 4, 5 and 54, the Minister responsible for the Public Service Human Resources Management Agency of Canada.

(3) Relevant portion of the definition:

(4) and (5) New.

Clause 195: Existing text of section 2.1:

2.1 The Commissioner of the Royal Canadian Mounted Police may authorize a Deputy or Assistant Commissioner of the Royal Canadian Mounted Police to exercise the powers or perform the duties and functions of the Commissioner of the Royal Canadian Mounted Police as a chief executive in respect of any of paragraphs 22(g) and (h), subsections 26(1), 27(1) and (3), 28(1) and 29(3) and sections 36 and 50.

Clause 196: Relevant portion of section 3:

3. The Governor in Council may, by order, amend

(a) Schedule 1 by adding or deleting the name of any Crown corporation or other public body;

Clause 197: (1) and (2) Relevant portion of section 8:

8. This Act applies in respect of the following wrongdoings in or relating to the public sector:

(a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act;

...

(f) the taking of a reprisal against a public servant; and

Clause 198: Existing text of subsection 10(4):

(4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Public Service Human Resources Management Agency of Canada, that it is not practical to apply those subsections given the size of that portion of the public sector.

Clause 199: Existing text of section 11:

11. Each chief executive must

(a) subject to any other Act of Parliament and to the principles of procedural fairness and natural justice, protect the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings; and

(b) establish procedures to ensure the confidentiality of information collected in relation to disclosures of wrongdoings.

Clause 200: Existing text of subsection 13(1):

13. (1) A public servant may disclose information referred to in section 12 to the Commissioner if

(a) the public servant believes on reasonable grounds that it would not be appropriate to disclose the information to his or her supervisor, or to the appropriate senior officer, by reason of the subject-matter of the wrongdoing or the person alleged to have committed it;

(b) the public servant has already disclosed the information to his or her supervisor or to the appropriate senior officer and is of the opinion that the matter has not been appropriately dealt with; or

(c) the portion of the public sector in which the public servant is employed is subject to a declaration made under subsection 10(4).

Clause 201: Existing text of the heading and sections 19 to 21.1:

PROTECTION OF PERSONS MAKING DISCLOSURES

19. No person shall take any reprisal against a public servant.

20. (1) In this section and section 21, “Board” means,

(a) in relation to a public servant who is employed in the Public Service Labour Relations Board or a person whose complaint relates to a reprisal taken while he or she was so employed, the Canada Industrial Relations Board;

(b) in relation to any other public servant who is employed in any portion of the public sector referred to in Schedule I to the Public Service Staff Relations Act or a person whose complaint relates to a reprisal taken while he or she was so employed, the Public Service Staff Relations Board; and

(2) Subject to subsection (2.1), a public servant, or former public servant, or a person designated by a public servant or former public servant for the purpose, who alleges that a person has taken a reprisal against the public servant may make a complaint in writing to the Board in respect of the reprisal.

(2.1) A member of the Royal Canadian Mounted Police may not make a complaint under subsection (2) in relation to any matter that is the subject of an investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police Act unless

(a) the member has exhausted every procedure available under that Act for dealing with the matter; and

(b) the member has been granted leave by the Board to make the complaint.

(2.2) The Board may grant the leave only if

(a) the application for leave is made within 60 days after the procedures referred to in paragraph (2.1)(a) have been exhausted; and

(b) the Board is of the opinion that the issue of reprisal was not adequately dealt with by those procedures.

(2.3) The Board ceases to have jurisdiction if an application for judicial review of any decision relating to the procedures referred to in paragraph (2.1)(a) is made by the member.

(3) Subject to subsection (3.1), the complaint must be made to the Board not later than

(a) 60 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, that the reprisal was taken;

(b) if the complainant has made a disclosure to the Commissioner in respect of the reprisal during the 60-day period referred to in paragraph (a) and the Commissioner has decided to deal with the disclosure, 60 days after the Commissioner reports his or her findings to the complainant and the appropriate chief executive; or

(c) if the complainant is a member of the Royal Canadian Mounted Police and the complaint is in relation to a matter referred to in subsection (2.1), 60 days after the member was granted leave.

(3.1) The complaint may be made after the periods referred to in subsection (3) if the Board feels it is appropriate considering the circumstances of the complaint.

(4) Despite any law or agreement to the contrary, a complaint made under this section may not be referred by a public servant to arbitration or adjudication.

(5) On receipt of a complaint, the Board may assist the parties to the complaint to settle the complaint. The Board must hear and determine the complaint if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances.

(6) If the Board determines that the complainant has been subject to a reprisal taken in contravention of section 19, the Board may, by order, require the employer or the appropriate chief executive, or any person acting on behalf of the employer or appropriate chief executive, to take all necessary measures to

(a) permit the complainant to return to his or her duties;

(b) reinstate the complainant or pay damages to the complainant in lieu of reinstatement if, in the Board’s opinion, the relationship of trust between the parties cannot be restored;

(c) pay to the complainant compensation in an amount not greater than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid to the complainant;

(d) rescind any measure or action, including any disciplinary action, and pay compensation to the complainant in an amount not greater than the amount that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the complainant; and

(e) pay to the complainant an amount equal to any expenses and any other financial losses incurred by the complainant as a direct result of the reprisal.

(6.1) The Board may make an order in relation to a member of the Royal Canadian Mounted Police despite subsections 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act.

(7) The Commissioner has standing in any proceedings under this section for the purpose of making submissions.

20.1 (1) After having consulted with the Royal Canadian Mounted Police and taken its security and confidentiality needs into account, the Public Service Labour Relations Board shall establish procedures for the processing and hearing of complaints relating to reprisals involving that organization.

(2) A complaint relating to a reprisal involving the Royal Canadian Mounted Police shall not be heard or determined by any person other than a full-time member of the Public Service Labour Relations Board.

21. (1) A public servant who alleges that a reprisal was taken against him or her by reason that he or she, in good faith, disclosed a wrongdoing in the course of a parliamentary proceeding or an inquiry under Part I of the Inquiries Act — after February 10, 2004 and before the day on which section 20 comes into force — may make a complaint under that section in respect of the reprisal.

(2) The public servant may make the complaint within 60 days after the later of

(a) the day on which section 20 comes into force, and

(b) the day on which he or she knew or, in the opinion of the Board, ought to have known that the reprisal was taken.

21.1 (1) A chief executive may temporarily assign other duties to a public servant who is involved in a disclosure or a complaint in respect of a reprisal if the chief executive believes on reasonable grounds that the public servant’s involvement has become known in the public servant’s workplace and that the temporary assignment is necessary to maintain the effective operation of the workplace.

(2) For the purposes of this section, the public servants involved in a disclosure or a complaint in respect of a reprisal are

(a) the public servant who made the disclosure and every public servant who is the subject of the disclosure;

(b) the public servant who filed the complaint and every public servant who is alleged to have taken the reprisal to which the complaint relates; and

(c) every public servant who is a witness or potential witness in the investigation, if any, relating to the disclosure or in any proceeding dealing with the complaint.

(3) The assignment may be for a period of up to three months, but the chief executive may renew the assignment one or more times if he or she believes that the conditions giving rise to it continue to exist on the expiry of a previous period.

(4) Subject to subsection (6), the duties that may be assigned must be in the same portion of the public sector in which the public servant is employed and must be comparable to the public servant’s normal duties.

(5) Subsection (1) applies to a public servant who made a disclosure under this Act, or who is a witness or potential witness in any investigation relating to the disclosure or in any proceeding dealing with a complaint in respect of a reprisal, only if the public servant consents in writing to the assignment. The assignment is deemed not to be a reprisal if the public servant’s consent is given.

(6) The public servant may be temporarily assigned duties in another portion of the public sector if both the chief executive of that other portion and the public servant consent to the assignment and the duties are comparable to the public servant’s normal duties. The assignment is deemed not to be a reprisal if the public servant’s consent is given.