Protection of Information

11. (1) Subject to sections 11.1 to 11.5, no person shall directly or indirectly disclose
(a) any information that reveals, or from which may be inferred, the location or a change of identity of a person that they know is a protected person;
(b) any information about the means and methods by which protected persons are protected, knowing that or being reckless as to whether the disclosure could result in substantial harm to any protected person; or
(c) the identity and role of a person who provides protection or directly or indirectly assists in providing protection, knowing that or being reckless as to whether the disclosure could result in substantial harm to
(i) that person,
(ii) a member of that person’s family, or
(iii) any protected person.
(2) For the purpose of paragraph (1)(b), information about the means and methods by which protected persons are protected includes information about
(a) covert operational methods used to provide protection;
(b) covert administrative methods used to support the provision of protection;
(c) any means used to record or exchange confidential information relating to protection or used to gain access to that information; and
(d) the location of facilities used to provide protection.

11.1 Paragraph 11(1)(a) does not apply to
(a) a protected person who discloses information about themselves, if the disclosure could not result in substantial harm to any protected person; or
(b) a person who discloses information that was disclosed to them by a protected person, if the disclosure could not result in substantial harm to any protected person.

11.2 (1) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to
(a) a protectee, for the purpose of providing protection to them; or
(b) a designated program protectee, for the purpose of facilitating a change of identity for them.
(2) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to a protected person if
(a) the protected person consents to the disclosure;
(b) the protected person has previously made such a disclosure or acted in a manner that results in such a disclosure;
(c) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including
(i) investigating a serious offence if there is reason to believe that the protected person can provide material information or evidence in relation to, or has been involved in the commission of, the offence,
(ii) preventing the commission of a serious offence, or
(iii) establishing the innocence of a person in criminal proceedings;
(d) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence; or
(e) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(1).
(3) The Commissioner is only permitted to make a disclosure under paragraph (2)(c) that relates to a current or former designated program protectee if, in the Commissioner’s opinion, the urgency of the situation requires the disclosure or if the appropriate provincial official consents to it.
(4) The Commissioner may make a disclosure described in paragraph 11(1)(b) or (c)
(a) that relates to the Program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, national security, national defence or public safety; and
(b) that relates to a current or former designated program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence.
(5) The Commissioner shall, before making a disclosure under paragraph (2)(b), (c) or (e), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.
(6) Subsection (5) does not apply if, in the Commissioner’s opinion, the notification would impede the investigation of an offence, could compromise national security, national defence or public safety or could result in substantial harm to any protected person or to any person providing protection or directly or indirectly assisting in providing protection.
(7) The Commissioner shall notify the appropriate provincial official of a disclosure under paragraph (2)(a) or (b) that relates to a current or former designated program protectee before the disclosure is made.
(8) The Commissioner shall notify the appropriate provincial official of a disclosure referred to in subsection (3) as soon as feasible after making it, if it was made on the basis of the urgency of the situation.

11.3 (1) The appropriate provincial official may make a disclosure described in paragraph 11(1)(a) that relates to a designated program protectee for the purpose of providing protection to them.
(2) The appropriate provincial official may make a disclosure described in paragraph 11(1)(a) that relates to a current or former designated program protectee if
(a) the current or former designated program protectee consents to the disclosure;
(b) the current or former designated program protectee has previously made such a disclosure or acted in a manner that results in such a disclosure;
(c) the provincial official has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including
(i) investigating a serious offence if there is reason to believe that the current or former designated program protectee can provide material information or evidence in relation to, or has been involved in the commission of, the offence,
(ii) preventing the commission of a serious offence, or
(iii) establishing the innocence of a person in criminal proceedings; or
(d) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(2).
(3) A provincial official may make a disclosure described in paragraph 11(1)(b) or (c) that relates to their designated program or to a person associated with it if the provincial official has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice or public safety.
(4) The provincial official shall, before making a disclosure under any of paragraphs (2)(b) to (d), take reasonable steps to notify the current or former designated program protectee and allow them to make representations concerning the matter.
(5) Subsection (4) does not apply if, in the provincial official’s opinion, the notification would impede the investigation of an offence, could compromise public safety or could result in substantial harm to any current or former designated program protectee or to any person providing protection or directly or indirectly assisting in providing protection.

11.4 (1) A party, other than the Commissioner or a provincial official, who has entered into an agreement or arrangement under subsection 14.1(1) or (2) may make a disclosure described in paragraph 11(1)(a) in accordance with the agreement or arrangement.
(2) The party shall, before making a disclosure under subsection (1), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.

11.5 (1) Subject to this section, a person to whom information is disclosed under sections 11.2 to 11.4 is not authorized to disclose that information to anyone else.
(2) A person may, for the purpose of providing protection to a protectee or of changing a designated program protectee’s identity, disclose that information to the extent that is necessary to give effect to a Commissioner’s request that is made for that purpose.
(3) A person may, for the purpose of providing protection to a designated program protectee, disclose that information to the extent that is necessary to give effect to a provincial official’s request that is made for that purpose.
(4) Once a disclosure described in subsection 11(1) is made to a court, the court shall take any measures that it considers necessary to ensure that the information remains confidential.
(5) A court may make a disclosure described in subsection 11(1) for the purpose of preventing a miscarriage of justice, but in doing so it shall disclose only the information that it considers necessary for that purpose and shall disclose the information only to persons who require it for that purpose.

12 The Commissioner or a provincial official shall consider the following factors in determining whether to make a disclosure under section 11.2 or 11.3, as the case may be, except for a disclosure under paragraph 11.2(2)(e) or 11.3(2)(d):
(a) the reasons for the disclosure;
(b) the danger or adverse consequences of the disclosure in relation to a person and the integrity of the Program or of a designated program, as the case may be;
(c) the likelihood that the information will be used solely for the purpose for which the disclosure is made;
(d) whether the need for the disclosure can be effectively met by another means; and
(e) whether there are effective means available to prevent further disclosure of the information.

12.1 Informer privilege at common law prevails over any authority to disclose information provided under this Act.

Agreements and Arrangements

14.1 (4) An agreement or arrangement shall include the following terms:
(a) a party is not permitted to make a disclosure unless it is for a purpose that is essential for the administration of justice or public safety and that is specified in the agreement or arrangement; and
(b) the parties shall take whatever steps are necessary, including any steps specified in the agreement or arrangement, to protect information that is disclosed from being disclosed beyond what is strictly necessary in the circumstances.

Offence
21 Every person who contravenes subsection 11(1) is guilty of an offence and liable
(a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or
(b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.