| i. Statute |
ii. Provision |
iii. Summary of Provision |
iv. Protected Information |
v. Discl. |
vi. Relevant AI Act Exemptions |
| Aeronautics Act |
s. 4.8(1) |
Only the Minister shall disclose the substance of orders made
in respect of aviation security, unless required by law or necessary
to give effect to the order. |
Aviation security -
N, L
|
5, 6 |
15, 16, 17 |
| |
s. 6.5(5) |
Physician or optometrist shall inform a designated medical advisor
of any medical condition that is likely to constitute a hazard to
aviation safety. This information shall not be used in any legal,
disciplinary or other proceedings. The Minister can use this information
otherwise as necessary in the interests of aviation safety. |
Medical records -
P
|
4 |
19 |
| Anti-Inflation Act, S.C. 1974-75-76, c. 75 |
s. 14 |
Repealed |
|
|
|
| Business Development Bank of Canada Act |
s. 37 |
All customer information obtained by the Bank must not be disclosed. |
P, T |
3, 5 |
19, 20 |
| Canada-Newfoundland Atlantic Accord Implementation Act, S.C.
1987, c. 3 |
s. 119 |
Information provided for Parts II or III or any regulation made
under these Parts shall not be disclosed.
This privilege does not apply to information obtained as a result
of carrying on work authorized under Part III (e.g. exploration
for and exploitation of petroleum resources).
|
Information necessary for issuing of licences and resolving disputes
pertaining to petroleum resources in the offshore area - T, F |
3, 5 |
13(1)(c), 20(1) |
| Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation
Act, S.C. 1988, c. 28 |
s. 19,
s. 122
|
similar to s. 119 Canada-Newfoundland Atlantic Accord Implementation
Act, above |
|
|
|
| Canada-Nova Scotia Oil and Gas Agreement Act, S.C. 1984, c. 29 |
s. 53 |
Repealed |
|
|
|
| Canada Pension Plan |
s. 104 |
Information obtained under this Act with respect to an individual
is privileged, and shall not be made available except in accordance
with this Act. |
P |
2, 3, 4, 5 |
19 |
| Canada Petroleum Resources Act |
s. 101 |
Information provided for the purposes of this Act, the Canada
Oil and Gas Operations Act, any regulation under those Acts, or
Part II.1 of National Energy Board Act, whether or not the info
is required to be provided, shall not be disclosed.
Information obtained as a result of carrying on work authorized
under the Canada Oil and Gas Operations Act, pertaining to wells,
exploration, studies, etc. is not privileged after the specified
time.
|
Information from businesses involved in oil and gas operations
- T |
5 |
20(1) |
| Canada Transportation Act |
ss. 51(1) |
Information required to be provided to the Minister pursuant to
this Act is confidential and must not be disclosed. |
Financial and commercial information from shippers - T |
4 |
20(1) |
| |
s. 167 |
Where the Agency is advised that a party to a final offer arbitration
wishes to keep matters relating to the arbitration confidential,
the Agency and the arbitrator shall take all reasonably necessary
measures to ensure that the matters are not disclosed to any person
other than the parties. |
Information submitted by a shipper during arbitration - T |
1 |
20(1) |
| Canadian Environmental Assessment Act |
ss. 35(4) |
Where a review panel is satisfied that the disclosure of items
would cause specific, direct and substantial harm to a witness,
the items are privileged and shall not be disclosed. |
Information pertaining to a witness to an environmental offence.
Could include employment, financial, personal information - P, L |
4 |
16, 17, 19 |
| Canadian International Trade Tribunal Act |
s 45 |
A person who provides information to the Tribunal may designate
the information confidential, and it shall not be disclosed in any
manner that is calculated or likely to make it available for the
use of any business competitor or rival of any person to whose business
or affairs the information relates. |
Information pertaining to trade disputes - T |
2 |
20(1) |
| |
s. 49 |
Information given or elicited in the course of proceedings shall
not be disclosed if the Tribunal concludes it is confidential or
s. 84 of the Special Import Measures Act applies. |
Information deemed confidential by Tribunal or submitter, relating
to commercial interests - T |
5 |
20(1) |
| Canadian Ownership and Control Determination Act |
s. 17 |
Information obtained under this Act shall not knowingly be disclosed
without consent of the person from whom it was obtained. |
Information relevant to certificate stating the Canadian ownership
rate or the control status of the applicant - T |
3 |
20 |
| Canadian Security Intelligence Service Act |
s. 18 |
No person shall disclose any information that the person obtained
in the course of the performance of duties and functions under this
Act. |
Identity of confidential source of information, employee engaged
in covert operations - L, P |
3, 5 |
16(1), 17 * |
| Canadian Transportation Accident Investigation and Safety Board
Act |
ss. 28(2) |
On-board recording of the activities of the operating personnel
of an aircraft, ship, locomotive or pipeline shall not be disclosed. |
On-board recording - P, T |
3, 4 |
19, 20 |
| |
ss. 31(4) |
Where the identity of a person who has made a report to the Board
is protected by rules established by the Board, information that
could reasonably be expected to reveal that identity is privileged,
and no person shall disclose it. |
Identity of person who reports a transportation occurrence - L |
1 |
16(1), 17 |
| Competition Act |
ss. 29(1), 29.1(5) |
No person shall disclose certain information obtained pursuant
to this Act except to a law enforcement agency or to administer
or enforce this Act. |
Identity of person from whom information was obtained, and commercial
information - L, T |
2, 3, 5 |
16(1),
20
|
| Corporations and Labour Unions Returns Act
[Now the Corporations Returns Act]
|
s. 18 |
All information contained in a return filed by a corporation pursuant
to certain sections of this Act shall not be disclosed |
Financial statements of corporations, transactions involving transfers
of technology - T |
3, 5 |
20 |
| Criminal Code |
s. 187 |
All documents relating to an application made pursuant to any
provision of this Part are confidential, and shall be placed in
a sealed packet to be opened only by court order.
Where an accused applies to examine contents of packet, parts
shall be deleted that would compromise identity of confidential
informant and ongoing investigations, endanger persons engaged
in intelligence-gathering, jeopardize future investigations, or
prejudice the interests of innocent persons.
|
Application for authorization to intercept private communications,
which could include allegations of crime, personal information,
identity of informants - P, L |
1 |
16(1), 17, 19 |
| |
s. 193 |
Where a private communication has been intercepted without the
consent of the parties, everyone who wilfully discloses the private
communication or its existence is guilty of an indictable offence.
|
P, L |
3, 5 |
16(1), 17, 19 |
| |
s. 487.3 |
Judge may make order prohibiting disclosure of information relating
to a warrant or authorization to enter a dwelling-house if:
i) the ends of justice would be subverted by disclosure because
it would compromise identity of confidential informant and ongoing
investigations, endanger persons engaged in intelligence-gathering,
jeopardize future investigations, or prejudice the interests of
innocent persons; or
ii) the information might be used for an improper purpose
and these grounds outweigh in importance the access to the information.
|
Identity of confidential informant, details of investigations
- P, L |
4 |
16(1), 17, 19 |
| Criminal Records Act |
ss. 6(2) |
Any record of a conviction in respect of which a pardon has been
granted and the fact of its existence shall not be disclosed to
any person without prior approval of the Minister. |
Record of pardoned conviction - P |
2, 4 |
19(1) * |
| |
s. 9 |
A pardon granted pursuant to the royal prerogative of mercy shall
not be disclosed. |
Pardon granted pursuant to royal prerogative of mercy - P |
2, 4 |
19(1) * |
| Customs Act |
s. 107 |
Information obtained under this Act or the Customs Tariff
shall not be disclosed. |
Imported goods, searches of persons by Customs officials - P,
T |
2, 4, 6 |
19, 20 |
| Defence Production Act |
s. 30 |
No information with respect to an individual business that has
been obtained under this Act shall be disclosed. |
Business and financial information relating to defence supplies
and defence contracts - T, N |
3, 4 |
15, 20 |
| Department of Human Resources Development Act |
s. 33.5 |
All information obtained in course of administration or enforcement
of this Part, and any SIN obtained for a purpose related to application
for a CES grant shall not be disclosed. This Part deals with Canada
Education Savings Grants. |
Information necessary to obtain a CES grant including SIN - P |
3, 4, 5, 6 |
19 |
| Department of Industry Act |
ss. 16(2) |
No person employed in the public service of Canada who comes into
possession of information under this section shall disclose information
relating to a particular person, organization or business. |
Invoices and other information collected under the Customs
Act on goods imported into and exported from Canada - T |
1 |
20 |
| DNA Identification Act |
ss. 6(7) |
No person shall communicate or allow to be communicated a DNA
profile that is contained in the DNA data bank or the fact that
the profile is contained in the data bank. |
Case number of the investigation, the identity of the person,
DNA profile, and fact of profile=s existence - P, L |
2, 3, 4 |
16(1), 19(1) |
| Energy Administration Act |
s. 98 |
All information with respect to a person or business obtained
in the course of the administration of this Act shall not be disclosed
to any person not legally entitled to it. |
Business information relating to exports of oil and gas - T |
5 |
20 |
| Energy Efficiency Act |
s. 23 |
The statistics and information filed with the Minister pursuant
to regulations made under the Act shall not be disclosed. |
Commercial and financial information relating to energy use, purchases
and sales - T |
3, 5 |
20 |
| Energy Monitoring Act |
s. 33 |
Information obtained under this Act shall not be disclosed. |
Statistics and information relating to various aspects of energy
enterprises (ownership, finances, activities, programs) - T |
2, 3, 5 |
20 |
| Energy Supplies Emergency Act |
s. 40.1 |
All information obtained by the Energy Supplies Allocation Board
under this Act shall not be disclosed. |
Information relevant to understanding the international petroleum
supply situation; sales and purchases of energy - T, N, G |
5 |
18, 20 |
| Excise Tax Act |
s. 295 |
Information obtained by Minister for purposes of this Part shall
not be disclosed, and only used to administer or enforce this Act. |
Information related to the Goods and Services Tax - T |
3, 4, 5 |
20 |
| Family Allowances Act |
s. 18 |
Repealed |
|
|
|
| Hazardous Products Act |
s. 12 |
Section 12 states that A this Part@does
not apply to certain products. This Part requires that when a controlled
product intended for use in a workplace is sold or imported, the
ingredients must be disclosed. |
Chemical identity of certain products - T |
1 |
20(1) |
| Canadian Human Rights Act |
ss. 47(3) |
Any information received by a conciliator in the course of attempting
to reach a settlement of a complaint may not be disclosed. |
P |
1 |
19 |
| Income Tax Act |
s. 241 |
No official shall disclose taxpayer information. |
P, T |
3, 4, 5 |
19, 20 |
| Industrial Research and Development Incentives Act, R.S.C. 1970,
c. I-10 |
s. 13 |
Repealed |
|
|
|
| Investment Canada Act |
s. 36 |
No one shall disclose any information obtained with respect to
a Canadian, a non-Canadian or a business in the course of administration
or enforcement of this Act. |
Financial, investment, commercial information - T |
2, 4, 5 |
20 |
| Canada Labour Code |
ss. 144(3) |
Appeals officer or health and safety officer shall not disclose
information obtained from a work place with regard to any secret
process or trade secret. |
Secret process, trade secrets - T |
5 |
20(1) |
| Mackenzie Valley Resource Management Act |
para. 30(1)(b) |
Subject to any other provisions of this Act, a board may make
rules for preventing trade secrets and information described in
s. 20 of Access to Information Act from being disclosed
or made public as a result of being used as evidence before the
board. |
Trade secrets, third party commercial information - T |
6 |
20(1) |
| Marine Transportation Security Act |
ss. 13(1) |
The substance of a security measure or rule shall not be disclosed. |
Security measures - L |
5, 6 |
16(2), 17 |
| Motor Vehicle Fuel Consumption Standards Act
[Not in Force]
|
ss. 27(1) |
Information obtained by the Minister shall not be disclosed. |
Commercial information of companies in motor vehicle industry
- T |
3, 4, 5 |
20 |
| Nuclear Safety and Control Act |
paras. 44(1)(d) and 48(b) |
The Commission may make regulations respecting the disclosure
of prescribed information. (See General Nuclear Safety and Control
Regulations, ss. 21-23) |
Information concerning nuclear weapons and explosive devices
- N |
3, 5 |
15 |
| Old Age Security Act |
s. 33 |
Information with respect to an individual shall not be disclosed
except in accordance with this Act. |
P |
3, 4, 5 |
19 |
| Patent Act |
s. 10 |
All patents, applications for patents and documents filed in connection
with these shall not be disclosed for 18 months, or permanently
if it is a patent of the Minister of Defence. |
Patents - T |
1 |
20(1) |
| |
ss. 20(7) |
Minister of Defence may certify that in the public interest the
particulars of an invention are to be kept secret |
Patents - T, N, G |
4 |
15, 18, 20 |
| |
s. 87, 88 |
A patentee may be ordered to submit commercial information to
Board (such as identity, price, costs of the medicine). This information
shall not be disclosed unless patentee consents or it has already
been disclosed at a public hearing under this Act. |
Patents of inventions pertaining to medicine, commercial and financial
information - T |
4, 5 |
20(1) |
| Petroleum Incentives Program Act |
s. 17 |
Repealed |
|
|
|
| Proceeds of Crime (Money Laundering) Act |
paras. 55(1)(a), (d) and (e) |
The Financial Transactions and Reports Analysis Centre shall not
disclose information concerning suspicions of money laundering.
|
Financial transactions, names of clients - T |
2, 4 |
20(1)* |
| Railway Safety Act |
ss. 39.2(1) |
No person shall disclose substance of security documents. |
Security documents - L, N |
5, 6 |
16, 17 |
| Shipping Conferences Exemption Act, 1987 |
s. 11 |
No person engaged in the administration of this Act shall disclose
information contained in a service contract filed pursuant to s.
6. |
Business contract - T |
3 |
20(1) |
| Softwood Lumber Products Export Charge Act |
s. 20 |
Act ceased to be in force 05.03.92 see SI/92-48 |
|
|
|
| Special Import Measures Act |
s. 84 |
Information designated as confidential by the submitter shall
not be disclosed in a manner likely to make it available for the
use of any business competitor or rival of any person to whose business
or affairs the information relates. |
Commercial information - T |
5 |
20(1) |
| Statistics Act |
s. 17 |
Only those employed under this Act shall examine any identifiable
individual return made for the purposes of this Act. This information
shall not be disclosed in such a manner that it is possible to relate
the particulars in the return to any identifiable individual person,
business or organization. |
Various |
2, 4 |
Various |
| Telecommunications Act |
ss. 39(2) |
Where a person designates information as confidential, this information
shall not be disclosed in any manner that is likely to result in
a benefit to someone or to the detriment of the person to whose
business or affairs the information relates. |
Information described same as that in s. 20(1) of ATIA
- T |
4, 5 |
20(1)* |
| |
ss. 70(4) |
s. 39 applies to all people exercising powers of the Commission |
|
|
|
| Trade-marks Act |
ss. 50(6) |
This subsection does not exist |
|
|
|
| Transportation of Dangerous Goods Act, 1992 |
ss. 24(4) |
Privileged information shall not be disclosed. |
Formula, composition or chemical ingredients of a product, substance
or organism - T
Information about an accidental release of dangerous goods -
L
|
5 |
20(1)
16(1)
|
| Yukon Quartz Mining Act |
ss. 100(16) |
Officer may obtain information respecting amount and value of
the output of the mine. Information of a private or confidential
nature acquired by the officer shall not be disclosed except as
necessary for the purposes of this section (determining royalties). |
Mineral samples, commercial accounts and correspondence - T |
4 |
20(1) |