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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