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Location: MGCS Home > Office of the Chief Information and Privacy Officer > Acts |
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Law enforcement8.--(1) A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Remedies for Organized Crime and Other Unlawful Activities Act, 2001, conduct a proceeding under that Act or enforce an order made under that Act. (a) interfere with a law enforcement matter; (b) interfere with an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (c) reveal investigative techniques and procedures currently in use or likely to be used in law enforcement; (d) disclose the identity of a confidential source of information in respect of a law enforcement matter, or disclose information furnished only by the confidential source; (e) endanger the life or physical safety of a law enforcement officer or any other person; (f) deprive a person of the right to a fair trial or impartial adjudication; (g) interfere with the gathering of or reveal law enforcement intelligence information respecting organizations or persons; (h) reveal a record which has been confiscated from a person by a peace officer in accordance with an Act or regulation; (i) endanger the security of a building or the security of a vehicle carrying items, or of a system or procedure established for the protection of items, for which protection is reasonably required; (j) facilitate the escape from custody of a person who is under lawful detention; (k) jeopardize the security of a centre for lawful detention; or (l) facilitate the commission of an unlawful act or hamper the control of crime. Idem (2) A head may refuse to disclose a record, (a) that is a report prepared in the course of law enforcement, inspections or investigations by an agency which has the function of enforcing and regulating compliance with a law; (b) that is a law enforcement record if the disclosure would constitute an offence under an Act of Parliament; (c) that is a law enforcement record if the disclosure could reasonably be expected to expose the author of the record or any person who has been quoted or paraphrased in the record to civil liability; or (d) that contains information about the history, supervision or release of a person under the control or supervision of a correctional authority. Refusal to confirm or deny existence of record (3) A head may refuse to confirm or deny the existence of a record to which subsection (1) or (2) applies. Exception (4) Despite clause (2) (a), a head shall disclose a record that is a report prepared in the course of routine inspections by an agency that is authorized to enforce and regulate compliance with a particular statute of Ontario. Idem (5) Subsections (1) and (2) do not apply to a record on the degree of success achieved in a law enforcement program including statistical analyses unless disclosure of such a record may prejudice, interfere with or adversely affect any of the matters referred to in those subsections. R.S.O. 1990, c. M.56, s. 8. |
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