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Manual

Defence s.16 FIPPA

Summary

This section provides a discretionary exemption for a record where disclosure could reasonably be expected to prejudice (or injure) the defence of Canada or any foreign state allied or associated with Canada.

The "defence of Canada or any foreign state allied or associated with Canada" includes the prevention of attack and other acts of aggression.

An "allied state" is one with which Canada has concluded formal alliances or treaties. An "associated state" is a state with which Canada may be linked for trade or other purposes outside the scope of a formal alliance.

The section also exempts records whose disclosure could reasonably be expected to be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism.

If the head proposes to disclose the information despite the exemption, prior approval of Cabinet is required. The compelling public interest override in s.23 Freedom of Information and Protection of Privacy Act (FIPPA) does not apply to this exemption. 


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