C-12 - Charter of human rights and freedoms

Section 93 Disposition versions

2016-01-01

93. Notwithstanding sections 9 and 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), any information or document furnished voluntarily to the commission and held by it for the purpose of the devising or implementation of or compliance with an affirmative action program established under this Charter or an equal access employment program established under the Act respecting equal access to employment in public bodies (chapter A-2.01) is confidential and may be used only for the purposes for which it was furnished; it shall not be disclosed or used otherwise, except with the consent of the person or organization having furnished it.

No such information or document may be revealed before a tribunal by or on behalf of the commission or, despite paragraph 9 of section 71, reported to the Attorney General, except with the consent of the person or organization having furnished the information or document to the commission and the consent of the parties to the dispute.

This section shall not be construed as limiting the power to compel the person or organization, by way of a summons, subpoena, warrant or order, to communicate any information or document relating to an affirmative action program.

Moreover, such information or the contents of such document must, on request, be communicated by the Commission to the minister responsible for the administration of Part III of this Charter and the Act respecting equal access to employment in public bodies in order to allow the minister to assess the carrying out of that Part and that Act.

1989, c. 51, s. 12; 2000, c. 45, s. 30; I.N. 2016-01-01 (NCCP).

2001-04-01

93. Notwithstanding sections 9 and 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), any information or document furnished voluntarily to the commission and held by it for the purpose of the devising or implementation of or compliance with an affirmative action program established under this Charter or an equal access employment program established under the Act respecting equal access to employment in public bodies (chapter A-2.01) is confidential and may be used only for the purposes for which it was furnished; it shall not be disclosed or used otherwise, except with the consent of the person or organization having furnished it.

No such information or document may be revealed before a tribunal by or on behalf of the commission or, despite paragraph 9 of section 71, reported to the Attorney General, except with the consent of the person or organization having furnished the information or document to the commission and the consent of the parties to the dispute.

This section shall not be construed as limiting the power to compel the person or organization, by way of a summons, warrant or order, to communicate any information or document relating to an affirmative action program.

Moreover, such information or the contents of such document must, on request, be communicated by the Commission to the minister responsible for the administration of Part III of this Charter and the Act respecting equal access to employment in public bodies in order to allow the minister to assess the carrying out of that Part and that Act.

1989, c. 51, s. 12; 2000, c. 45, s. 30.

1990-12-10

93. Notwithstanding sections 9 and 83 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), any information or document furnished voluntarily to the commission and held by it for the purpose of the devising or implementation of or compliance with an affirmative action program is confidential and may be used only for the purposes for which it was furnished; it shall not be disclosed or used otherwise, except with the consent of the person or organization having furnished it.

No such information or document may be revealed before a tribunal by or on behalf of the commission or, despite paragraph 9 of section 71, reported to the Attorney General, except with the consent of the person or organization having furnished the information or document to the commission and the consent of the parties to the dispute.

This section shall not be construed as limiting the power to compel the person or organization, by way of a summons, warrant or order, to communicate any information or document relating to an affirmative action program.

1989, c. 51, s. 12.