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Advice to governments13.--(1) A head may refuse to disclose a record where the disclosure would reveal advice or recommendations of a public servant, any other person employed in the service of an institution or a consultant retained by an institution. Exception (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record that contains, (a) factual material; (b) a statistical survey; (c) a report by a valuator, whether or not the valuator is an officer of the institution; (d) an environmental impact statement or similar record; (e) a report of a test carried out on a product for the purpose of government equipment testing or a consumer test report; (f) a report or study on the performance or efficiency of an institution, whether the report or study is of a general nature or is in respect of a particular program or policy; (g) a feasibility study or other technical study, including a cost estimate, relating to a government policy or project; (h) a report containing the results of field research undertaken before the formulation of a policy proposal; (i) a final plan or proposal to change a program of an institution, or for the establishment of a new program, including a budgetary estimate for the program, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to the Executive Council or its committees; (j) a report of an interdepartmental committee task force or similar body, or of a committee or task force within an institution, which has been established for the purpose of preparing a report on a particular topic, unless the report is to be submitted to the executive Council or its committees; (k) a report of a committee, council or other body which is attached to an institution and which has been established for the purpose of undertaking inquiries and making reports or recommendations to the institution; (l) the reasons for a final decision, order or ruling of an officer of the institution made during or at the conclusion of the exercise of discretionary power conferred by or under an enactment or scheme administered by the institution, whether or not the enactment or scheme allows an appeal to be taken against the decision, order or ruling, whether or not the reasons, (i) are contained in an internal memorandum of the institution or in a letter addressed by an officer or employee of the institution to a named person, or (ii) were given by the officer who made the decision, order or ruling or were incorporated by reference into the decision, order or ruling. Idem (3) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record where the record is more than twenty years old or where the head has publicly cited the record as the basis for making a decision or formulating a policy. R.S.O. 1990, c. F.31, s. 13. |
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