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Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Privacy or Access to Information for Public Complaints (5:IV) (view source)
Revision as of 19:12, 16 August 2021
, 19:12, 16 August 2021→3. Access to Information Act
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'''NOTE:''' If you are seeking to obtain information about an individual person, see section IV.D.2 on the application of the ''Privacy Act''. | '''NOTE:''' If you are seeking to obtain information about an individual person, see section IV.D.2 on the application of the ''Privacy Act''. | ||
Certain classes of information are exempt from the Act. These include confidential inter-governmental communications, information pertaining to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest. | Certain classes of information are exempt from the ''Act''. These include confidential inter-governmental communications, information pertaining to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest. | ||
On June 21, 2019, an Act to amend the ''Access to Information Act and the Privacy Act'' received Royal Assent. Under the amended Act, a federal institution may decline to act on a request to access to a record for various reasons if approved by the Information Commissioner. In addition to this change, the amended Act clarifies the power of the Information Commissioner regarding the authority to refuse or cease to investigate and to examine disclosure subjected to solicitor-client privilege or professional secrecy | On June 21, 2019, an Act to amend the ''Access to Information Act and the Privacy Act'' received Royal Assent. Under the amended ''Act'', a federal institution may decline to act on a request to access to a record for various reasons if approved by the Information Commissioner. In addition to this change, the amended Act clarifies the power of the Information Commissioner regarding the authority to refuse or cease to investigate and to examine disclosure subjected to solicitor-client privilege or professional secrecy | ||
'''NOTE:''' In the Supreme Court of Canada decision in ''[https://www.canlii.org/en/ca/scc/doc/2010/2010scc23/2010scc23.html?autocompleteStr=Criminal%20Lawyers’%20Association%20v%20Ontario%20(Public%20Safety%20and%20Security)%2C%202010%20SCC%2023&autocompletePos=1 Ontario (Public Safety and Security) v Criminal Lawyers’ Association]'', 2010 SCC 23, the Court held that the guarantee of freedom of expression under subsection 2(b) of the ''Charter'' does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''[https://www.canlii.org/en/ca/scc/doc/1989/1989canlii87/1989canlii87.html?resultIndex=1 Irwin Toy Ltd v Quebec (Attorney General)]'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'', RSO 1990, c F.31. See both of these cases for more detailed information. | '''NOTE:''' In the Supreme Court of Canada decision in ''[https://www.canlii.org/en/ca/scc/doc/2010/2010scc23/2010scc23.html?autocompleteStr=Criminal%20Lawyers’%20Association%20v%20Ontario%20(Public%20Safety%20and%20Security)%2C%202010%20SCC%2023&autocompletePos=1 Ontario (Public Safety and Security) v Criminal Lawyers’ Association]'', 2010 SCC 23, the Court held that the guarantee of freedom of expression under subsection 2(b) of the ''Charter'' does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''[https://www.canlii.org/en/ca/scc/doc/1989/1989canlii87/1989canlii87.html?resultIndex=1 Irwin Toy Ltd v Quebec (Attorney General)]'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'', RSO 1990, c F.31. See both of these cases for more detailed information. | ||