Strengthening the Access to Information Act

Annex 2 – Table of exemptions
  Class test Injury test
Mandatory exemptions
  • Information received in confidence from other governments (s.13)
  • Information obtained or prepared by RCMP re: provincial or municipal policing services (s.16(3))
  • Personal information (s.19)*
  • Trade secrets of Third Party (s.20(1)(a))
  • Financial, commercial, scientific or technical information received in confidence from the Third Party (s.20(1)(b))*
  • Information protected under other, listed statutes (s.24)
  • Loss or gain to Third Party or prejudice to competitive position (s.20(1)(c))*
  • Interference with contractual or other negotiations of Third Party (s.20(1)(d))*
Discretionary exemptions
  • Information obtained or prepared by listed investigative bodies (s.16(1)(a))
  • Information on techniques or plans for investigations (s.16(1)(b))
  • Trade secrets or valuable financial, commercial, scientific or technical information of Canada (s.18(a))
  • Advice or recommendations to government (s.21(1)(a))
  • Account of consultations or deliberations (s.21(1)(b))
  • Government negotiation plans (s.21(1)(c))
  • Government personnel or organizational plans (s.21(1)(d))
  • Solicitor-client priviliged information (s.23)
  • Information to be published in 90 days (s.26)
  • Injury to conduct of federal-provincial affairs (s.14)
  • Injury to conduct of international affairs, or to defence of Canada or allied states (s.15)
  • Injury to law enforcement or conduct of lawful investigations (s.16(1)(c))
  • Harm in facilitating commission of criminal offence (s.16(2))
  • Threat to individual's safety (s.17)
  • Prejudice to competitive position of government (s.18(b))
  • Harm in depriving government researcher of priority of publication (s.18(c))
  • Injury to financial or economic interests of Canada (s.18(d))
  • Prejudice to use of audits or tests (s.22)

* Denotes mandatory exemptions which include a public interest override, i.e., the information be disclosed where the public interest in disclosure outweighs the interest protected by the exemption.

(Access to Information: Making it Work for Canadians; Report of the Access to Information Review Task Force; June 2002.)