A-2.1 - Act respecting Access to documents held by public bodies and the Protection of personal information

Section 28 Disposition versions

2006-06-14

28. A public body must refuse to release or to confirm the existence of information contained in a document that it keeps in the exercise of a duty provided for by law involving the prevention, detection or repression of crime or statutory offences, or that it keeps for the purpose of cooperating with a person or body responsible for such a duty, if its disclosure would likely

(1)  impede the progress of proceedings before a person or body carrying on adjudicative functions;

(2)  hamper a future or current investigation or an investigation that may be reopened;

(3)  reveal a method of investigation, a confidential source of information, or a program or plan of action designed to prevent, detect or repress crime or statutory offences;

(4)  endanger the safety of a person;

(5)  cause prejudice to the person who is the source or the subject of the information;

(6)  reveal the components of a communications system intended for the use of a person responsible for law enforcement;

(7)  reveal information transmitted in confidence by a police force having jurisdiction outside Québec;

(8)  facilitate the escape of a prisoner; or

(9)  prejudice the fair hearing of a person’s case.

The same applies to a public body that may be designated by regulation of the Government in accordance with the standards provided for therein, in respect of information obtained by the body through its internal security service in the course of an investigation conducted by such service to prevent, detect or repress crime or statutory offences that may be or have been committed within that body by its members, the members of its board of directors or of its personnel or the members of its agents or mandataries, if the disclosure of such information would likely entail one of the consequences set out in subparagraphs 1 to 9 of the first paragraph.

1982, c. 30, s. 28; 1990, c. 57, s. 7; 2006, c. 22, s. 14.

1990-12-14

28. A public body must refuse to release or to confirm the existence of information received by a person responsible under the law for the prevention, detection or repression of crime or statutory offences, if its disclosure would likely

(1)  impede the progress of proceedings before a person or body carrying on judicial or quasi judicial functions;

(2)  hamper an investigation;

(3)  reveal a method of investigation, a confidential source of information, or a program or plan of action designed to prevent, detect or repress crime or statutory offences;

(4)  endanger the safety of a person;

(5)  cause prejudice to the person who is the source or the subject of the information;

(6)  reveal the components of a communications system intended for the use of a person responsible for law enforcement;

(7)  reveal information transmitted in confidence by a police force having jurisdiction outside Québec;

(8)  facilitate the escape of a prisoner; or

(9)  prejudice the fair hearing of a person’s case.

The same applies to a public body that may be designated by regulation of the Government in accordance with the standards provided for therein, in respect of information obtained by the body through its internal security service in the course of an investigation conducted by such service held to prevent, detect or repress crime or statutory offences that may be or have been committed within that body by its members, the members of its board of directors or the members of its personnel, if the disclosure of such information would likely entail one of the consequences set out in subparagraphs 1 to 9 of the first paragraph.

1982, c. 30, s. 28; 1990, c. 57, s. 7.

1984-07-01

28. A public body must refuse to release or to confirm the existence of information received by a person responsible under the law for the prevention, detection or repression of crime or statutory offences, if its disclosure would likely

(1)  impede the progress of proceedings before a person or body carrying on judicial or quasi-judicial functions;

(2)  hamper an investigation;

(3)  reveal a method of investigation, a confidential source of information, or a program or plan of action designed to prevent, detect or repress crime or statutory offences;

(4)  endanger the safety of a person;

(5)  cause prejudice to the person who is the source or the subject of the information;

(6)  reveal the components of a communications system intended for the use of a person responsible for law enforcement;

(7)  reveal information transmitted in confidence by a police force having jurisdiction outside Québec;

(8)  facilitate the escape of a prisoner; or

(9)  prejudice the fair hearing of a person’s case.

1982, c. 30, s. 28.