Standing Committee on Public Safety and National Security’s Study of Bill C-22: Comparative Table

November 24, 2016

  National Security and Intelligence Committee of Parliamentarians   Information Commissioner
Cannot Obtain Can Obtain Cannot Obtain Can Obtain
General Ability to Obtain Information
  Any information that is under the control of a department and that is related to the fulfilment of the Committee’s mandate   Any record to which the Access to Information Act applies that is under the control of a government institution
Specific Limitations on Ability to Obtain Information
  • Cabinet confidences, as defined under the Canada Evidence Act (cl. 14(a))
 
  • Cabinet confidences (as defined under the Access to Information Act) (s. 69)
 
  • Information respecting ongoing defence intelligence activities supporting military operations (cl. 14(b))
   
  • Information related to international affairs and national defence (s. 15)
  • information described in subsection 11(1) of the Witness Protection Program Act (cl. 14(c))
   
  • Information described in section 11 of the Witness Protection Act (s. 24/Sch. II)
  • Confidential sources (cl. 14(d))
   
  • Confidential sources (s. 16 and s. 24/Sch. II)
  • Law enforcement ongoing investigation information that may lead to a prosecution
    (cl. 14(e))
   
  • Information related to law enforcement and investigations (s. 16)
  • information referred to in subsection 36(1) of the Investment Canada Act
    (cl. 14(f))
   
  • Information described in section 36 of the Investment Canada Act (s. 24/Sch. II)
  • Certain information collected by FINTRAC per the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (cl. 14(g))
   
  • Information described in s. 55(1)(a), (d) and (e) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (s. 24/Sch. II)
  • At the Minister’s discretion, information that constitutes special operational information (per the Security of Information Act), where provision of the information would be injurious to national security (cl. 16)
   
  • Information related to international affairs and national defence (s. 15)
  • Information that constitutes special operational information per the Security of Information Act (s. 15, 16 and 24/Sch. II)
  • No specific reference to s. 38.13 of the Canada Evidence Act in Bill C-22, but it is unlikely that the Committee would be able to obtain information that could be the subject of such a certificate as a result of the other mandatory exceptions in Bill C-22.
 
  • Information that is subject to a certificate under s. 38.13 of the Canada Evidence Act. These certificates can be applied to information obtained in confidence from, or in relation to, a foreign entity, or for the purpose of protecting national defense or national security) (s. 69.1)