Public Servants Disclosure Protection Act

Marginal note:Restriction

• 49 (1) Subject to subsections (2) and (3), when referring any matter under section 34 or making a report under section 38, the Commissioner shall not disclose any information that the Government of Canada or any portion of the public sector is taking measures to protect, including, but not limited to, information that

  • (a) is a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies;

  • (b) is subject to solicitor-client privilege;

  • (c) is special operational information within the meaning of subsection 8(1) of the Foreign Interference and Security of Information Act;

  • (d) is subject to any restriction on disclosure created by or under any other Act of Parliament;

  • (e) could reasonably be expected to cause injury to international relations, national defence or national security, or to the detection, prevention or suppression of criminal, subversive or hostile activities;

  • (f) could reasonably be expected to cause injury to the privacy interests of an individual; or

  • (g) could reasonably be expected to cause injury to commercial interests.

• Marginal note:Exception — previously disclosed information or consent

  (2) The Commissioner may disclose any information referred to in subsection (1) if it has already been disclosed following a request under the Access to Information Act or with the consent of the relevant individual or an authorized person in the organization that has a primary interest in the information.

• Marginal note:Exception — disclosure necessary for referral or report

  (3) The Commissioner may disclose any information referred to in subsection (1) if, in his or her opinion,

  • (a) the disclosure is necessary to refer any matter under section 34 or to establish the grounds for any finding or recommendation in a report under section 38; and

  • (b) the public interest in making the disclosure clearly outweighs the potential harm from the disclosure.

• Marginal note:Compliance and consultation

  (4) Before disclosing any information as permitted by subsection (3), the Commissioner must

  • (a) comply with subsection 38.02(1.1) of the Canada Evidence Act; and

  • (b) except for information that only affects the privacy interests of an individual, consult with the organization that has a primary interest in the information.