Section 69: Questions
Archived [2008-11] – Investigator's Guide to Interpreting the Act
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|Section – 69 (1), (2)&(3)|
|Statement of Test to be Met|
|Exemption: 69. (1) This Act does not apply to confidences of the Queen's Privy Council for Canada, including, without restricting the generality of the foregoing, (a) memoranda the purpose of which is to present proposals or recommendations to Council; (b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions; (c) agenda of Council or records recording deliberations or decisions of Council; (d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); (f) draft legislation; and (g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f). 69. (2) For the purposes of subsection (1), "Council" means the Queen's Privy Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet. 69. (3) Subsection (1) does not apply to (a) confidences of the Queen's Privy Council for Canada that have been in existence for more than twenty years; or (b) discussion papers described in paragraph (1)(b) (i) if the decisions to which the discussion papers relate have been made public, or (ii) where the decisions have not been made public, if four years have passed since the decisions were made. .|
|Relevant Questions||Departmental Response||Assessment|
|1. Check age of record against 20 year time limit in paragraph 69 (3)(a).|
|2. If the records relates to discussion papers, determine if the decisions to which the discussion papers relate have been made public. Paragraph 69(3)(a)|
|3. If the records relates to discussion papers and have not been public, determine whether four years have passed since the decisions were made. Paragraph 69(3)(b)|
|4. If not, determine whether record is described by paragraph 69(1)(a)-g)|
|5. Does the description of the document provide sufficient information to ensure that it fits within the cabinet paper system|
|6. Did PCO LHP/Counsel officials review, for context and understanding, the entire subject records for the ATI request r just the records that were proposed by the originating department as being subject to section 69|