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

À jour au 1^er novembre 2001

Ce document a valeur officielle.

chapter A-2.1

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

CHAPTER I APPLICATION AND INTERPRETATION

1. This Act applies to documents kept by a public body in the exercise of its duties, whether it keeps them itself or through the agency of a third party.

This Act applies whether the documents are recorded in writing or print, on sound tape or film, in computerized form, or otherwise.

1982, c. 30, s. 1.

2. This Act does not apply to

(1)  the acts and the register of civil status;

(2)  the registers and other documents kept in registry offices for publication purposes;

(3)  (paragraph replaced);

(3.1)  the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45);

(4)  private archives referred to in section 27 of the Archives Act (chapter A‐21.1).

1982, c. 30, s. 2; 1983, c. 38, s. 54; 1992, c. 57, s. 425; 1993, c. 48, s. 112; 1999, c. 40, s. 3; 2000, c. 42, s. 95.

2.1. Access to documents contained in a file respecting the adoption of a person held by a public body and the protection of the personal information contained in such a file are governed by the Civil Code and other legislation respecting adoption.

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 5 of section 123 and the powers contemplated in subparagraph 2 of the first paragraph of section 127 and in section 128.1.

1987, c. 68, s. 2.

2.2. Access to documents contained in a file held by the Public Curator on a person whom he represents or whose property he administers, and the protection of the personal information contained in such a file, are governed by the Public Curator Act (chapter C-81).

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 6 of section 123 and the powers contemplated in subparagraph 3 of the first paragraph of section 127 and in section 128.1.

1989, c. 54, s. 148.

3. The Government, the Conseil exécutif, the Conseil du Trésor, the government departments and agencies, municipal and school bodies and the health services and social services institutions are public bodies.

For the purposes of this Act, the Lieutenant-Governor, the National Assembly, agencies whose members are appointed by the Assembly and every person designated by the Assembly to an office under its jurisdiction, together with the personnel under its supervision, are classed as public bodies.

The courts within the meaning of the Courts of Justice Act (chapter T-16) are not public bodies.

1982, c. 30, s. 3; 1982, c. 62, s. 143; 1992, c. 21, s. 375.

4. Government agencies include agencies not contemplated in sections 5 to 7 to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F‐3.1.1), or whose capital stock forms part of the domain of the State.

For the purposes of this Act, the Public Curator is a Government agency to the extent that he holds documents other than those referred to in section 2.2.

For the purposes of this Act, a person appointed by the Government or a minister, together with the personnel he manages, is, in respect of the exercise of the functions assigned to him by law, by the Government or by the Minister, to be a Government agency.

1982, c. 30, s. 4; 1983, c. 55, s. 161; 1989, c. 54, s. 149; 1990, c. 57, s. 1; 1999, c. 40, s. 3; 2000, c. 8, s. 242.

5. Municipal bodies include

(1)  a municipality, and any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed in the majority of members of the council of a municipality, as well as any body otherwise under municipal authority;

(2)  a metropolitan community, an intermunicipal board, an intermunicipal transit authority, an intermunicipal board of transport, the Kativik Regional Government and any other body whose board of directors is composed in the majority of elected municipal officers, except a private body;

(3)  a mixed enterprise company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01).

1982, c. 30, s. 5; 1984, c. 42, s. 137; 1985, c. 32, s. 159; 1990, c. 57, s. 2; 1996, c. 2, s. 13; 1997, c. 41, s. 64; 1997, c. 44, s. 92; 1999, c. 40, s. 3; 2000, c. 56, s. 81.

6. School bodies include regional school boards, the Conseil scolaire de l’île de Montréal, institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), general and vocational colleges, the Université du Québec and its branches, research institutes and schools of higher education.

They also include institutions accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1) and institutions of higher education more than one-half of whose operating expenses are paid out of the appropriations entered in the budget estimates tabled in the National Assembly.

1982, c. 30, s. 6; 1982, c. 62, s. 143; 1988, c. 84, s. 541; 1989, c. 17, s. 1; 1992, c. 68, s. 156, s. 157; 1994, c. 15, s. 33; 1996, c. 21, s. 70.

7. Health and social services institutions include public institutions governed by the Act respecting health services and social services (chapter S-4.2), private institutions governed by that Act which operate with sums of money from the consolidated revenue fund, regional boards established under that Act and the Corporation d’hébergement du Québec .

Health and social services institutions also include public institutions governed by the Act respecting health services and social services for Cree Native persons (chapter S-5), private institutions governed by that Act which operate with sums of money from the consolidated revenue fund and regional health and social services councils established under that Act.

1982, c. 30, s. 7; 1990, c. 57, s. 3; 1992, c. 21, s. 73; 1994, c. 23, s. 23; 1999, c. 34, s. 53.

8. The person exercising the highest authority in a public body shall perform the duties conferred by this Act on the person in charge of access to documents or of protection of personal information.

However, that person may designate a member of the public body or of its board of directors, as the case may be, or a member of its management staff as the person in charge, and delegate all or part of his duties to him.

The delegation must be made in writing, and given public notice by the delegator.

1982, c. 30, s. 8; 1987, c. 68, s. 3.

CHAPTER II ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES

DIVISION I RIGHT OF ACCESS

9. Every person has a right of access, on request, to the documents held by a public body.

The right does not extend to personal notes written on a document or to sketches, outlines, drafts, preliminary notes or other documents of the same nature.

1982, c. 30, s. 9.

10. The right of access to a document may be exercised by examining it on the premises during regular working hours or by remote access.

The applicant may also obtain a copy of the document, unless reproducing it would endanger its preservation or raise serious practical difficulties owing to its form.

At the request of the applicant, computerized documents must be communicated in the form of a written and intelligible transcript.

1982, c. 30, s. 10; 1990, c. 57, s. 4; 2001, c. 32, s. 82.

11. Access to a document is free of charge.

However, a fee not greater than the cost of transcription, reproduction or transmission of the document may be charged to the applicant.

The amount and the terms and conditions of payment of the fee are prescribed by government regulation, which may prescribe cases where persons are exempt from payment.

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or transmitting a document, inform the applicant of the approximate amount that will be charged to him.

1982, c. 30, s. 11; 1987, c. 68, s. 4.

12. The exercise of the right of access to a document is subject to the rights respecting intellectual property.

1982, c. 30, s. 12.

13. The right of access to a document produced by or for a public body and having been published or distributed is exercised by examining the document on the premises during regular working hours or by remote access or by procuring enough information to enable the applicant to examine or obtain the document where it is available.

Furthermore, the right of access to a document produced by or for a public body and that is to be distributed or published six months or less after the request for access shall be exercised by an applicant in one or more of the following ways:

(1)  examining the document on the premises during regular working hours or by remote access;

(2)  procuring sufficient information to enable him to examine the document where it is available or to obtain it at the time of its publication or distribution;

(3)  obtaining the document on loan, provided that that does not compromise its publication or distribution.

1982, c. 30, s. 13; 1990, c. 57, s. 5; 2001, c. 32, s. 83.

14. No public body may deny access to a document for the sole reason that it contains certain information that, according to this Act, it must or may refuse to release.

Where a request pertains to a document containing such information, the public body may deny access thereto where the information forms the substance of the document. In other cases, the public body must give access to the requested document after deleting only the information to which access is not authorized.

1982, c. 30, s. 14.

15. The right of access applies only to documents that can be released without requiring computation or comparison of information.

1982, c. 30, s. 15.

16. A public body must classify its documents in such a manner as to allow their retrieval. It must set up and keep up to date a list setting forth the order of classification of the documents. It must be sufficiently precise to facilitate the exercise of the right of access.

The right of access to the list is only exercised by examining it on the premises during working hours or by remote access.

1982, c. 30, s. 16; 2001, c. 32, s. 84.

17. The Commission must publish and distribute yearly in every region of Québec an index giving, for each public body, the title, address and telephone number of the person in charge of access to documents and of the person in charge of the protection of personal information.

1982, c. 30, s. 17; 1990, c. 57, s. 6.

DIVISION II RESTRICTIONS TO THE RIGHT OF ACCESS

§ 1 . — Information affecting intergovernmental relations

18. The Government or one of its departments may refuse to release information received from a government other than that of Québec, an agency of such a government or an international organization.

Similarly, the Lieutenant-Governor, the Conseil exécutif and the Conseil du trésor may refuse to release the information described.

1982, c. 30, s. 18.

19. A public body may refuse to release information if its disclosure would likely be detrimental to relations between the Gouvernement du Québec and another government or an international organization.

1982, c. 30, s. 19.

§ 2 . — Information affecting negotiations between public bodies

20. A public body may refuse to release information if its disclosure would likely hamper negotiations in progress with another public body in a field within their competence.

1982, c. 30, s. 20.

§ 3 . — Information affecting the economy

21. A public body may refuse to release or to confirm the existence of information if, as a result of its disclosure, borrowings, proposed borrowings, transactions or proposed transactions relating to property, services or works, a proposed tariffing, taxation or imposition of dues, or proposed amendments to taxes or dues would be revealed, where such disclosure would likely

(1)  unduly benefit or seriously harm a person, or

(2)  have a serious adverse effect on the economic interests of the public body or group of persons under its jurisdiction.

1982, c. 30, s. 21.

22. A public body may refuse to release an industrial secret that it owns.

It may also refuse to release other industrial, financial, commercial, scientific or technical information that it owns if its disclosure would likely hamper negotiations in view of a contract, or result in losses for the body or in considerable profit for another person.

A public body established for industrial, commercial or financial management purposes may also refuse to release such information if its disclosure would likely substantially reduce its competitive margin.

1982, c. 30, s. 22.

23. No public body may release industrial secrets of a third person or confidential industrial, financial, commercial, scientific, technical or union information supplied by a third person and ordinarily treated by a third person as confidential, without his consent.

1982, c. 30, s. 23.

24. No public body may release information supplied by a third person if its disclosure would likely hamper negotiations in view of a contract, result in losses for the third person or in considerable profit for another person or substantially reduce the third person’s competitive margin, without his consent.

1982, c. 30, s. 24.

25. A public body, before releasing industrial, financial, commercial, scientific, technical or union information supplied by a third person, must give him notice, in accordance with section 49, of the release to enable him to submit his observations unless the information was supplied in carrying out an Act requiring that the information be accessible to the applicant, or unless the third person has waived the notice by consenting to the release of the information or otherwise.

1982, c. 30, s. 25.

26. No public body may refuse to release information referred to in sections 22, 23 and 24 if the information reveals or confirms the existence of an immediate hazard to the health or safety of persons or a serious or irreparable impediment to their right to a healthy environment.

In such a case, the public body may, notwithstanding section 49, render its decision upon giving the third person the notice required in section 25.

1982, c. 30, s. 26.

27. If, as the likely result of the disclosure of information, a mandate or a strategy concerning the negotiation of a collective agreement or a contract would be revealed, a public body may refuse to release the information, for a period of eight years from the opening of the negotiations.

A public body may also refuse to release, for a period of ten years from its date, a study prepared for the purposes of taxation, tariffing or the imposition of dues.

1982, c. 30, s. 27.

§ 4 . — Information affecting the administration of justice and public security

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.

29. A public body must refuse to disclose information concerning a method or a weapon that is likely to be used to commit a crime or a statutory offence.

A public body must also refuse to release information if, as a result of its disclosure, the efficiency of a security system designed for the protection of persons or property would be impaired.

1982, c. 30, s. 29.

29.1. Every decision rendered by a public body in the performance of its quasi-judicial functions is public.

A public body must, however, refuse to release information contained in the decision where the decision prohibits the release of the information on the ground that it was obtained when the body was holding a sitting in camera, where the body issued, in respect of the information, an order not to disclose, publish or distribute, or where the release of the information would reveal information the release or the confirmation of the existence of which must be refused under this Act.

1985, c. 30, s. 2; 1990, c. 57, s. 8.

§ 5 . — Information affecting administrative or political decisions

30. The Conseil exécutif may refuse to disclose or to confirm the existence of a decision resulting from its deliberations, or of an order the publication of which is deferred under section 11.1 of the Executive Power Act (chapter E-18).

Similarly, the Conseil du trésor may, subject to the Public Administration Act (chapter A-6.01), refuse to disclose or to confirm the existence of its decisions.

1982, c. 30, s. 30; 2000, c. 8, s. 250.

31. A public body may refuse to disclose a legal opinion concerning the application of the law to a particular case, or the constitutionality or validity of legislative or regulatory provisions, or a preliminary or final draft of a bill or regulations.

1982, c. 30, s. 31.

32. A public body may refuse to disclose a study if its disclosure might well affect the outcome of judicial proceedings.

1982, c. 30, s. 32.

33. In no case may the following information be released before the expiry of 25 years from its date:

(1)  communications from the Conseil exécutif to one of its members, the Conseil du trésor or a cabinet committee, unless the Conseil exécutif decides otherwise;

(2)  communications from a member of the Conseil exécutif to another member of the Conseil, unless the author decides otherwise;

(3)  recommendations from the Conseil du trésor or a cabinet committee to the Conseil exécutif, unless the author or the person receiving them decides otherwise;

(4)  recommendations from a member of the Conseil exécutif to the Conseil exécutif, to the Conseil du trésor or to a cabinet committee, unless the author or the person receiving them decides otherwise;

(5)  studies made within the Ministère du Conseil exécutif or the office of the secretary of the Conseil du trésor regarding a recommendation or request made by a minister, a cabinet committee or a public body, or regarding a document contemplated in section 36;

(6)  records or reports of the deliberations of the Conseil exécutif or a cabinet committee;

(7)  a list of titles of documents containing recommendations to the Conseil exécutif or the Conseil du trésor;

(8)  the agenda of a meeting of the Conseil du trésor or of a cabinet committee.

The first paragraph applies with the necessary modifications to the records of the deliberations of the executive committee of a municipal body, to the recommendations made to it by its members, and to communications among its members.

1982, c. 30, s. 33.

34. No person may have access to a document from the office of a member of the National Assembly or a document produced for that member by the services of the Assembly, unless the member deems it expedient.

The same applies to a document from the office of the President of the Assembly or of a member of the Assembly contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or a minister contemplated in section 11.5 of the Executive Power Act (chapter E-18), and to a document from the office staff or office of a member of a municipal or school body.

1982, c. 30, s. 34; 1982, c. 62, s. 143; 1983, c. 55, s. 132; 1984, c. 47, s. 1.

35. A public body may refuse to disclose the records of the deliberations of a meeting of its board of directors or, as the case may be, of its members in the performance of their duties until the expiry of fifteen years from their date.

1982, c. 30, s. 35.

36. A public body may refuse to release a preliminary draft of a bill or regulations until the expiry of ten years from its date.

Subject to subparagraph 5 of the first paragraph of section 33, the same applies to studies directly relating to the draft bill or draft regulation, unless the draft bill has been tabled in the National Assembly or the draft regulation has been made public in accordance with the law.

1982, c. 30, s. 36; 1982, c. 62, s. 143.

37. A public body may refuse to disclose a recommendation or opinion presented less than ten years earlier, and obtained from one of its members, a member of its personnel, a member of another public body or a member of the personnel of the other public body, in the discharge of his duties.

A public body may also refuse to disclose a recommendation or opinion presented, at its request, by a consultant or an adviser less than ten years earlier on a matter within its jurisdiction.

1982, c. 30, s. 37.

38. A public body may refuse to disclose a recommendation or opinion made by an agency under its jurisdiction or made by it to another public body until the final decision on the subject matter of the recommendation or opinion is made public by the authority having jurisdiction.

The same applies to a minister regarding a recommendation or opinion made to him by an agency under his authority.

1982, c. 30, s. 38.

39. A public body may refuse to disclose a study prepared in connection with a recommendation made within a decision making process until a decision is made on the recommendation or, if no decision is made, until five years have elapsed from the date the study was made.

1982, c. 30, s. 39.

40. A public body may refuse to disclose a test intended for the comparative appraisal of a person’s knowledge, aptitudes or experience, until the test is no longer used.

1982, c. 30, s. 40.

§ 6 . — Information affecting auditing

41. The Auditor General or a person carrying out an auditing function in or for a public body may refuse to release or confirm the existence of information the disclosure of which would be likely to

(1)  hamper an audit in progress;

(2)  reveal an auditing program or operation plan;

(3)  reveal a confidential source of information regarding an audit; or,

(4)  seriously impair the power of appraisal granted to the Auditor General pursuant to sections 38, 39, 40, 42, 43 and 45 of the Auditor General Act (chapter V-5.01).

1982, c. 30, s. 41; 1985, c. 38, s. 82.

DIVISION III ACCESS PROCEDURE

42. To be receivable, a request for access to a document must be sufficiently precise to allow the document to be located.

1982, c. 30, s. 42.

43. A request for access may be made in writing or orally.

The request must be addressed to the person in charge of access to documents within the public body.

If the written request is addressed to the person exercising the highest authority within the public body, he must transmit it with diligence to the person in charge designated by him under section 8, where such is the case.

1982, c. 30, s. 43.

44. The person in charge must lend assistance in drafting a request and identifying the document requested to any applicant who requires it.

1982, c. 30, s. 44; 1990, c. 57, s. 9.

45. The person in charge must inform the person who makes an oral request that he may make a written request and that only a decision on a written request may be reviewed under this Act.

1982, c. 30, s. 45.

46. The person in charge must give the person making a written request notice of the date his request is received.

The notice must be in writing. It must indicate the prescribed time for the processing of the request and the effect under this Act of failure by the person in charge to respect it. It must also inform the applicant of the recourses provided by Chapter V.

1982, c. 30, s. 46.

47. The person in charge must, promptly and not later than twenty days from the date the request was received,

(1)  grant access to the document, which may then be accompanied with information on the circumstances in which it was produced;

(2)  inform the applicant of the special conditions, if any, to which access is subject;

(3)  inform the applicant that the agency is not in possession of the requested document or that full or partial access to the document cannot be granted to him;

(4)  inform the applicant that his request should more appropriately be transferred to another public body or that it concerns a document filed by or for another public body;

(5)  inform the applicant that the existence of the requested information cannot be confirmed; or,

(6)  inform the applicant that the document concerned is a document to which Chapter II of this Act does not apply by virtue of the second paragraph of section 9.

If the request cannot be processed within the time limit provided in the first paragraph without impeding the normal course of operations of the public body, the person in charge may, before the expiry of the time, extend it by not over ten days. He must then give notice thereof by mail to the applicant within the time limit provided in the first paragraph.

1982, c. 30, s. 47.

48. Where a request referred to the person in charge should, in his opinion, more appropriately be transferred to another public body or concerns a document filed by or for another public body, the person in charge must, within the time limit provided in the first paragraph of section 47, indicate to the applicant the competent body and the name of the person in charge of access to documents in that body, and give him the particulars provided for in section 45 or in the second paragraph of section 46, as the case may be.

Where the request is made in writing, the indications must be communicated in writing.

1982, c. 30, s. 48.

49. Where the person in charge must give the third person the notice required in section 25, he must do so by mail within twenty days from the date the request was received and provide him with an opportunity to submit written observations. He must also inform the applicant of the notice and indicate to him the time limits provided in this section.

The third person concerned may submit his observations within twenty days of being informed of the intention of the person in charge. If he fails to do so within the time limit, he is deemed to have consented to granting access to the document.

The person in charge must give notice of his decision by mail to the applicant and the third person concerned within fifteen days of presentation of the observations, or of expiry of the period prescribed for presentation. Where the decision grants access to the documents, it is executory on the expiry of fifteen days from the date the notice was mailed.

1982, c. 30, s. 49.

50. The person in charge must give the reasons for any refusal to disclose information, and indicate the provision of the Act on which the denial is based.

1982, c. 30, s. 50.

51. Where the request is in writing, the decision is made in writing by the person in charge, and a copy thereof is sent to the applicant, and, if such is the case, to the third person who submitted observations in accordance with section 49.

The decision must be accompanied with a notice indicating the recourses provided in Chapter V and specially indicating the time limits in which they may be exercised.

1982, c. 30, s. 51.

52. On failure to give effect to a request for access within the applicable time limit, the person in charge is deemed to have denied access to the document. In the case of a written request, the failure gives rise to review proceedings as provided for in Division I of Chapter V, as in the case of a denial of access.

1982, c. 30, s. 52.

52.1. The person in charge must see to it that every document that has been the subject of a request for access be kept for as long as is required to enable the applicant to exhaust the recourses provided in this Act.

1990, c. 57, s. 10.

CHAPTER III PROTECTION OF PERSONAL INFORMATION

DIVISION I CONFIDENTIALITY OF NOMINATIVE INFORMATION

53. Nominative information is confidential, except in the following cases:

(1)  where its disclosure is authorized by the person concerned by the information; in the case of a minor, the authorization may also be given by the person having parental authority;

(2)  where it relates to information obtained in the performance of an adjudicative function by a public body performing quasi-judicial functions; the information remains confidential, however, if the body obtained it when holding a sitting in camera or if the information is contemplated by an order not to disclose, publish or distribute.

1982, c. 30, s. 53; 1985, c. 30, s. 3; 1989, c. 54, s. 150; 1990, c. 57, s. 11.

54. In any document, information concerning a natural person which allows the person to be identified is nominative information.

1982, c. 30, s. 54.

55. Personal information which, by law, is public is not nominative information.

1982, c. 30, s. 55.

56. The name of a natural person is not nominative information, except where it appears in conjunction with other information concerning him, or where the mere mention of his name would disclose nominative information concerning him.

1982, c. 30, s. 56.

57. The following is public information:

(1)  the name, title, duties, classification, salary, address and telephone number at work of a member, the board of directors or the management personnel of a public body and those of the deputy minister, the assistant deputy ministers and the management personnel of a government department;

(2)  the name, title, duties, address and telephone number at work and classification, including the salary scale attached to the classification, of a member of the personnel of a public body;

(3)  information concerning a person as a party to a service contract entered into with a public body, and the terms and conditions of the contract;

(4)  the name and address of a person deriving an economic benefit granted by a public body by virtue of a discretionary power, and any information on the nature of that benefit;

(5)  the name and address of the establishment of the holder of a permit issued by a public body and which is required by law to be held for the carrying on of an activity, the practice of a profession or the operation of a business.

However, the information contemplated in the first paragraph is not public information where its disclosure would be likely to hinder or impede the work of a person responsible under the law for the prevention, detection or repression of crime.

Moreover, in no case may the information contemplated in subparagraph 2 of the first paragraph result in the disclosure of the salary of a member of the personnel of a public body.

1982, c. 30, s. 57; 1985, c. 30, s. 4; 1990, c. 57, s. 12; 1999, c. 40, s. 3.

58. The sole fact that a signature is affixed at the bottom of a document does not make the information shown therein nominative.

1982, c. 30, s. 58.

59. A public body shall not release nominative information without the consent of the person concerned.

Notwithstanding the foregoing, a public body may release nominative information without the consent of the person concerned in the following cases and strictly on the following conditions:

(1)  to the attorney of that body if the information is required for the purposes of a prosecution for an offence against an Act administered by that body or to the Attorney General, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;

(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is required for purposes of judicial proceedings other than those contemplated in paragraph 1;

(3)  to a person responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is required for the purposes of a prosecution for an offence against an Act applicable in Québec;

(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;

(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  to a person, body or agency, in accordance with sections 61, 67, 67.1, 67.2, 68 and 68.1;

(9)  to a person involved in an incident that has been the subject of a report by a police force; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.

1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13.

60. Before agreeing to the release of nominative information pursuant to paragraphs 1 to 3 of section 59, a public body must ascertain that the information is required for the purposes of a prosecution or proceedings contemplated in the said paragraphs.

In the case contemplated in paragraph 4 of the said section, the body must, similarly, ascertain that an urgent and dangerous situation exists.

Where a public body has not ascertained that the information is required for such purposes or, where such is the case, that an urgent and dangerous situation exists, the public body must refuse to release the information.

Where a public body agrees to release nominative information following a request made pursuant to paragraphs 1 to 4 of section 59, the person in charge of the protection of the personal information within the public body must record the request.

1982, c. 30, s. 60.

61. A police force may, without the consent of the person concerned, release nominative information to another police force.

1982, c. 30, s. 61.

61.1. (Repealed).

1984, c. 27, s. 2; 1985, c. 30, s. 6.

62. Every person qualified to receive nominative information within a public body has access to nominative information without the consent of the person concerned where such information is necessary for the discharge of his duties.

Moreover, the person must belong to one of the categories of persons referred to in subparagraph 4 of the second paragraph of section 76 or in subparagraph 5 of the first paragraph of section 81.

1982, c. 30, s. 62; 1990, c. 57, s. 14.

63. (Repealed).

1982, c. 30, s. 63; 1985, c. 30, s. 7.

DIVISION II COLLECTION, KEEPING AND USE OF NOMINATIVE INFORMATION

64. No person may, on behalf of a public body, collect nominative information if it is not necessary for the carrying out of the attributions of the body or the implementation of a program under its management.

1982, c. 30, s. 64.

65. Every person who, on behalf of a public body, collects nominative information from the person concerned or from a third person must first identify himself and inform him

(1)  of the name and address of the public body on whose behalf the information is being collected;

(2)  of the use to which the information will be put;

(3)  of the categories of persons who will have access to the information;

(4)  of the fact that a reply is obligatory, or that it is optional;

(5)  of the consequences for the person concerned or, as the case may be, for the third person, in case of a refusal to reply;

(6)  of the rights of access and correction provided by law.

Notwithstanding the foregoing, a person duly authorized by a public body which holds files respecting the adoption of persons and collects information relating to the antecedents of a person referred to in any of such files or permitting to locate a parent or an adopted person is not required to inform the person concerned or the third person of the use to which the information will be put nor the categories of persons who will have access to it.

The rules according to which nominative information is to be collected are prescribed by government regulation.

This section does not apply to judicial inquiries or to any investigation or report made by a person responsible by law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 65; 1990, c. 57, s. 15.

66. Before obtaining from any person or private body nominative information that has already been assembled concerning one or several persons, public bodies must inform the Commission thereof.

1982, c. 30, s. 66.

67. A public body may, without the consent of the person concerned, release nominative information to any person or body if the information is necessary for the carrying out of an Act in Québec.

1982, c. 30, s. 67; 1984, c. 27, s. 3; 1985, c. 30, s. 8.

67.1. A public body may, without the consent of the person concerned, release nominative information to any person or body if the information is necessary for the carrying out of a collective agreement, order, directive or regulation establishing conditions of employment.

1985, c. 30, s. 8.

67.2. A public body may, without the consent of the person concerned, release nominative information to any person or body if the information is necessary for the discharge of duties entrusted to that person or body by the public body.

In that case, the public body shall

(1)  entrust the duties by a mandate in writing;

(2)  specify, in the mandate, which provisions of this Act apply to the information which has been released to the person or body and the measures to be taken by the person or body to ensure that the information is not used except for the carrying out of the mandate and that it is not kept by the person or body after the expiry of the mandate.

The second paragraph does not apply to the members of the professional orders listed in Schedule I to the Professional Code (chapter C-26) who are bound by professional secrecy.

1985, c. 30, s. 8; 1990, c. 57, s. 16; 1994, c. 40, s. 457.

67.3. Every public body shall enter, in a register kept in accordance with the rules established by the Commission, every release of nominative information contemplated in sections 67, 67.1, 67.2, 68 and 68.1, except the release of nominative information required by a person or body for charging, to the account of a member of a public body, or to a member of its board of directors or of its personnel, an amount required by law to be withheld or paid.

The register shall contain in particular

(1)  the nature or the type of the information released;

(2)  the persons or bodies to which the information is released;

(3)  the use for which the information is intended;

(4)  the reasons justifying the release;

(5)  (paragraph repealed).

1985, c. 30, s. 8; 1990, c. 57, s. 17.

67.4. Every person has a right of access, on request, to the register kept by a public body under section 67.3.

The right is exercised in accordance with the modalities provided in section 10.

1985, c. 30, s. 8.

68. A public body may, without the consent of the person concerned, release nominative information

(1)  to a public body where the release is necessary for the carrying out of the attributions of the receiving body or the implementation of a program under its management;

(2)  to a person or a body where exceptional circumstances justify doing so.

Any release of nominative information under this section shall be made under the terms of a written agreement.

1982, c. 30, s. 68; 1985, c. 30, s. 8.

68.1. A public body may, without the consent of the person concerned, release a personal information file for the purposes of comparing, pairing or matching it with a file held by a person or body, if the release is necessary for the carrying out of an Act in Québec.

Any operation under this section shall be carried out under the terms of a written agreement.

1985, c. 30, s. 8.

69. The release of nominative information contemplated in sections 67, 67.1, 67.2, 68 and 68.1 shall be made in such a manner as to ensure the confidentiality of the nominative information. In cases where a written agreement is required, the agreement shall provide for the means to ensure confidentiality.

1982, c. 30, s. 69; 1985, c. 30, s. 9.

70. Every agreement under section 68 or 68.1 must be submitted to the Commission for an opinion. The agreement comes into force on the favourable opinion of the Commission.

Should the Commission give an unfavourable opinion, the agreement may be submitted to the Government for approval; the agreement comes into force on the day of its approval.

The agreement, together with the opinion of the Commission and, where applicable, the approval of the Government shall be tabled in the National Assembly within thirty days of such opinion and approval if the Assembly is sitting or, if it is not sitting, within thirty days of the opening of the next session, or of resumption.

The agreement must, in addition, be published in the Gazette officielle du Québec within thirty days of its tabling in the National Assembly.

The Government may, after obtaining the opinion of the Commission, revoke the agreement at any time.

1982, c. 30, s. 70; 1982, c. 62, s. 143; 1985, c. 30, s. 10; 1990, c. 57, s. 18.

DIVISION III ESTABLISHMENT AND MAINTENANCE OF FILES

§ 1 . — Personal information files

71. Every public body shall file, in a personal information file established in accordance with this subdivision, all nominative information

(1)  that is identified or presented in such a manner as to be retrievable by reference to the name of a person or to a sign or symbol identifiable with that person, or

(2)  that has been or is intended to be used by it in making a decision concerning a person.

1982, c. 30, s. 71.

72. Every public body must see to it that the nominative information kept by it is up to date, accurate and complete so as to serve the purposes for which it is collected.

1982, c. 30, s. 72.

73. When the object for which nominative information was collected has been achieved, the public body shall destroy the document, subject to the Archives Act (chapter A-21.1).

1982, c. 30, s. 73; 1983, c. 38, s. 56.

74. (Repealed).

1982, c. 30, s. 74; 1990, c. 57, s. 19.

75. (Repealed).

1982, c. 30, s. 75; 1990, c. 57, s. 19.

76. The establishment of a file must be the subject of a declaration to the Commission.

The declaration must contain the following indications:

(1)  the title of the file, the kind of information it contains, the use to which the information is to be put and the method by which the file is maintained;

(2)  the source of the information entered in the file;

(3)  the categories of persons concerned in the information entered in the file;

(4)  the categories of persons who have access to the file in carrying on their duties;

(5)  the security measures taken within the public body to ensure the confidentiality of the nominative information and its use according to the purposes for which it was collected;

(6)  the title, address and telephone number of the person in charge of protection of personal information;

(7)  the modalities of access to the file of the person concerned;

(8)  any other indication prescribed by government regulation.

The declaration must be made in accordance with the rules established by the Commission.

1982, c. 30, s. 76; 1990, c. 57, s. 20.

77. Every public body must notify the Commission of every change that renders the declaration provided for in section 76 inaccurate or incomplete.

1982, c. 30, s. 77.

78. Sections 64 to 77 do not apply to the processing of nominative information collected and used as a working tool by a natural person, to the extent that the information is not disclosed to any person other than the person concerned or to a body other than that to which he belongs, and that it is used judiciously.

The same rule applies to the processing of nominative information collected by a natural person and which is used by him for scientific research purposes.

The public body is subject to the said sections from the time the person contemplated in the first or second paragraph discloses to the public body nominative information that he has collected or which was obtained through processing.

1982, c. 30, s. 78.

79. Sections 64 to 66 and 67.3 to 77 do not apply to documents transferred to the Keeper of the Archives nationales du Québec in accordance with the Archives Act (chapter A-21.1).

Sections 64 to 66, 67.3 and 67.4 and 71 to 77 do not apply to documents filed with the Institut de la statistique du Québec in accordance with the Act respecting the Institut de la statistique du Québec (chapter I-13.011).

1982, c. 30, s. 79; 1983, c. 38, s. 57; 1985, c. 30, s. 11; 1998, c. 44, s. 43.

§ 2 . — Confidential file

80. The Government may by order authorize a public body to establish a confidential file.

A confidential file is a file consisting mainly of nominative information intended for the use of a person who, under the law, is responsible for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 80.

81. The order must indicate the conditions with which the contemplated body must conform, and, in particular,

(1)  the kind of information that may be collected and the purposes for which it may be kept;

(2)  the use to which the file may be put;

(3)  the security measures that must be taken to ensure the confidentiality of nominative information;

(4)  the conditions regarding the preservation and the destruction of nominative information;

(5)  the categories of persons who have access to nominative information in the discharge of their duties, and where such is the case, the special restrictions and conditions of access;

(6)  the special conditions to which the maintenance and examination of the file may be subject, where such is the case.

Furthermore, the conditions may concern a category of information, documents or files.

1982, c. 30, s. 81.

82. Before making, amending or repealing an order contemplated in section 80, the Government must obtain the opinion of the Commission.

The order authorizing the establishment of a confidential file or the order amending or repealing it and the opinion of the Commission must be tabled by the Minister of Justice in the National Assembly within fifteen days of the making of the order if the Assembly is in session or, if it is not sitting, within fifteen days after the opening of the next session or of resumption.

1982, c. 30, s. 82; 1982, c. 62, s. 143.

DIVISION IV RIGHTS OF PERSONS CONCERNED BY NOMINATIVE INFORMATION

§ 1 . — Right of access

83. Every person has the right to be informed of the existence of nominative information concerning him in a personal information file.

Every person has the right to obtain any nominative information kept on him.

Notwithstanding the foregoing, a minor under fourteen years of age is not entitled to be informed of the existence of or to obtain nominative information of a medical or social nature which concerns him, contained in the record established by a health or social services institution referred to in the second paragraph of section 7.

1982, c. 30, s. 83; 1987, c. 68, s. 6; 1990, c. 57, s. 21; 1992, c. 21, s. 74.

84. A public body shall release nominative information to the person entitled to receive it by allowing him to examine the document on the premises during regular working hours or by remote access and to obtain a copy thereof.

At the request of the applicant, nominative information that is kept in computerized form must be released in the form of a written and intelligible transcript.

1982, c. 30, s. 84; 1990, c. 57, s. 22; 2001, c. 32, s. 85.

84.1. Where a health services or social services institution referred to in the second paragraph of section 7, the Commission de la santé et de la sécurité du travail, the Société de l’assurance automobile du Québec or the Régie des rentes du Québec provides a person with nominative information of a medical or social nature which concerns him, it shall, upon the request of the person, provide him with the assistance of a professional qualified to help him understand the information.

1987, c. 68, s. 7; 1990, c. 19, s. 11; 1992, c. 21, s. 75.

85. A person has access free of charge to nominative information concerning him.

However, the applicant may be charged a fee not greater than the cost for transcribing, reproducing and sending the information.

The amount and modalities of payment of the fee are prescribed by government regulation, which may prescribe the cases where a person may be exempt from payment of a fee.

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or sending a document, inform the applicant of the approximate amount that will be charged to him.

1982, c. 30, s. 85; 1987, c. 68, s. 8.

§ 2 . — Restrictions to the right of access

86. A public body may refuse to release or confirm the existence of nominative information to the person concerned if the information is filed in a confidential file.

1982, c. 30, s. 86.

86.1. A public body may refuse to release to a person nominative information concerning him where such information is contained in an opinion or recommendation given by one of its members or a member of its personnel, or a member of another public body or a member of its personnel, in the performance of his duties, or given at the request of the body by a consultant or adviser on a matter within his competence and where the body has not rendered its final decision on the matter which is the subject of the opinion or recommendation.

1990, c. 57, s. 23.

87. Except in the case provided for in section 86.1, a public body may refuse to release or to confirm the existence of nominative information to the person concerned, to such extent as its release would disclose information whose release may or must be denied pursuant to Division II of Chapter II.

1982, c. 30, s. 87; 1990, c. 57, s. 24.

87.1. A health services or social services institution referred to in the second paragraph of section 7, the Commission de la santé et de la sécurité du travail, the Société de l’assurance automobile du Québec or the Régie des rentes du Québec may refuse for the moment to release, to a recipient, nominative information which concerns him where, in the opinion of his attending physician, serious harm to the person’s health would likely result.

In such a case, the public body, on the recommendation of the attending physician, shall determine when the information may be released and inform the person concerned.

1987, c. 68, s. 9; 1990, c. 19, s. 11; 1992, c. 21, s. 76.

88. Except in the case provided for in paragraph 4 of section 59, a public body must refuse to release nominative information to the person concerned if its release would likely disclose nominative information concerning another natural person or the existence of such information, unless the latter person gives written consent.

1982, c. 30, s. 88.

88.1. A public body must refuse to release nominative information to the administrator of the succession, to the beneficiary of life insurance or to the heir or successor of the person to whom the information relates unless the information pertains directly to his interests or rights as an administrator, beneficiary, heir or successor.

1986, c. 95, s. 5; 1993, c. 17, s. 99.

§ 3 . — Right of correction

89. Every person who receives confirmation of the existence of nominative information concerning him on a file may request that the file be corrected if the information is inaccurate, incomplete or equivocal, or if the collection, release or keeping of the information is not authorized by law.

1982, c. 30, s. 89.

89.1. A public body must refuse to accept a request for correction of nominative information filed by the beneficiary of the life insurance, by the administrator of the succession or by the heir or successor of the person to whom the information relates, unless the correction pertains directly to his interests or rights as an administrator, beneficiary, heir or successor.

1986, c. 95, s. 6; 1993, c. 17, s. 100.

90. If a request for correction is contested, the public body must prove that the file does not need to be corrected, unless it obtained the information in question from the person concerned or with his consent.

1982, c. 30, s. 90.

91. Every person concerned may demand that the request be recorded if the public body denies the request in whole or in part.

1982, c. 30, s. 91.

92. Where a public body accepts a request for correction of a file, it shall issue to the applicant, free of charge, a copy of any amended or added nominative information or, as the case may be, an attestation of the deletion of nominative information.

1982, c. 30, s. 92.

93. Every person who has requested the correction of a file may demand that the public body send a copy of the documents provided for in section 92 or, as the case may be, of the record contemplated in section 91, to the body from which it received the information or to every body to which the information may have been disclosed pursuant to an agreement under this Act.

1982, c. 30, s. 93.

§ 4 . — Access or correction procedure

94. No request for release or correction may be considered unless it is made in writing by a natural person who proves that he is the person concerned or the representative, heir or successor of that person, or the administrator of the succession, a beneficiary of life insurance or the person having parental authority.

The request is addressed to the person in charge of protection of personal information within the public body.

If the request is addressed to the person exercising the highest authority within the public body, he must transmit it with diligence to the person in charge designated by him under section 8, where such is the case.

1982, c. 30, s. 94; 1986, c. 95, s. 7; 1993, c. 17, s. 101.

95. Where a request for release is made for nominative information that is not kept in a personal information file, the request, to be receivable, must contain sufficiently specific indications to allow the person in charge to retrieve the information.

1982, c. 30, s. 95.

96. The person in charge must lend assistance in drafting a request and identifying the information requested to any natural person who requires it.

1982, c. 30, s. 96; 1990, c. 57, s. 25.

97. The person in charge must give the applicant notice of the date his request is received.

The notice must be in writing. It must indicate the prescribed time for the processing of the request, and the effect under this Act of failure by the person in charge to respect it. It must also inform the applicant of the recourses provided by Chapter V.

1982, c. 30, s. 97.

98. The person in charge must give effect to a request for release or correction promptly, and not later than twenty days after receiving it.

If the person in charge believes the request cannot be processed within the time prescribed in the first paragraph without impeding the normal course of operations of the public body, he may, before the expiry of the time limit, extend the limit by not over ten days. He must then notify the applicant thereof by mail within the time limit provided in the first paragraph.

1982, c. 30, s. 98.

99. (Repealed).

1982, c. 30, s. 99; 1990, c. 57, s. 26.

100. The person in charge must give the reasons for any denial of a request and indicate the provision of the Act on which the denial is based.

1982, c. 30, s. 100.

101. The person in charge must render his decision in writing and send a copy thereof to the applicant. It must be accompanied with a notice informing him of the recourses provided in Chapter V and specially indicating the time limit in which they may be exercised.

1982, c. 30, s. 101.

102. On failure to reply to a request within the applicable time limit, the person responsible is deemed to have denied the request, and the failure gives rise to review proceedings as provided for in Division I of Chapter V, as in the case of a denial of a request.

1982, c. 30, s. 102.

102.1. The person in charge must see to it that any information that has been the subject of a request for access be kept for as long as is required to enable the applicant to exhaust the recourses provided in this Act.

1990, c. 57, s. 27.

CHAPTER IV COMMISSION D’ACCÈS À L’INFORMATION

DIVISION I ESTABLISHMENT AND ORGANIZATION

103. The “Commission d’accès à l’information” is hereby established.

1982, c. 30, s. 103.

104. The Commission is composed of five members including a chairman.

The members are appointed, on a motion of the Prime Minister, by a resolution of the National Assembly approved by not less than two-thirds of its members.

The Assembly shall determine, in the same manner, the remuneration, social benefits and other conditions of employment of the members of the Commission.

The members of the Commission hold office on a full time basis.

1982, c. 30, s. 104; 1982, c. 62, s. 143; 1993, c. 17, s. 102.

105. The term of office of the members of the Commission is not over five years.

In no case may the members of the Commission be appointed for more than two consecutive full terms.

On the expiry of their terms, however, the members remain in office until they are reappointed or replaced.

1982, c. 30, s. 105.

106. Before entering into office, the members of the Commission must make the oath provided in Schedule B, before the President of the National Assembly.

1982, c. 30, s. 106; 1982, c. 62, s. 143; 1999, c. 40, s. 3.

107. Every member of the Commission may resign at any time by giving a written notice to the President of the National Assembly.

A member may be dismissed only by a resolution of the Assembly approved by not less than two-thirds of its members.

1982, c. 30, s. 107; 1982, c. 62, s. 143.

108. If the chairman of the Commission is absent or unable to act, the President of the National Assembly may, with the consent of the Prime Minister and of the Leader of the Official Opposition in the Assembly, designate either of the other two members of the Commission to act as chairman for as long as the chairman is absent or unable to act.

1982, c. 30, s. 108; 1982, c. 62, s. 143; 1999, c. 40, s. 3.

109. The President of the National Assembly may, with the consent of the Prime Minister and of the Leader of the Official Opposition in the Assembly, appoint a person to fill any vacancy on the Commission when the procedure established in section 104 cannot be followed owing to an adjournment of the Assembly or a prorogation of the session or the dissolution of the Legislature; he may also determine the remuneration and the conditions of employment of that person.

However, the appointment ceases to have effect at the expiry of thirty days from resumption of the Assembly unless it is ratified as provided in the second paragraph of section 104.

1982, c. 30, s. 109; 1982, c. 62, s. 143.

110. The chairman of the Commission is responsible for the administration of the Commission and the supervision of its personnel.

1982, c. 30, s. 110.

111. The secretary and the other members of the personnel of the Commission are appointed in accordance with the Public Service Act (chapter F-3.1.1).

1982, c. 30, s. 111; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

112. No member of the Commission may, under pain of forfeiture of office, have a direct or indirect interest in an undertaking putting his own interest in conflict with that of the Commission.

However, forfeiture is not incurred if the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1982, c. 30, s. 112.

113. No member of the Commission or its personnel may be prosecuted by reason of an official act performed in good faith in the exercise of his duties.

1982, c. 30, s. 113.

114. No extraordinary recourse provided for in articles 834 to 850 of the Code of Civil Procedure (chapter C-25) may be exercised nor any injunction granted against the Commission or any of its members acting in their official capacity.

Two judges of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to this Act in relation to a document.

1982, c. 30, s. 114.

115. The head office of the Commission is located in the territory of the Communauté urbaine de Québec, at the place determined by the Government; notice of the location or any change of location of the head office must be published in the Gazette officielle du Québec.

1982, c. 30, s. 115.

116. Every document and every copy of a document emanating from the Commission is authentic if certified by a member of the Commission or by the secretary.

1982, c. 30, s. 116.

117. The fiscal year of the Commission ends on 31 March each year.

1982, c. 30, s. 117.

118. The Commission shall send to the designated Minister, not later than 30 June each year, a report of its activities for the preceding fiscal year.

The report must deal, in particular, with how this Act is being observed and the means at the disposal of the Commission to enforce it.

The report may contain, in addition,

(1)  recommendations in view of promoting the protection of personal information, and the exercise of the right of access to documents, in particular by cultural communities and handicapped persons;

(2)  proposals relating to technical standards of preservation, classification, retrieval and the method of consultation of documents;

(3)  suggestions from the public on any matter within the competence of the Commission.

The report must also deal with the application of the Act respecting the protection of personal information in the private sector (chapter P-39.1).

1982, c. 30, s. 118; 1993, c. 17, s. 103.

119. The report of activities must be tabled in the National Assembly within thirty days of its receipt, if the Assembly is in session, or, if it is not sitting, within thirty days of the opening of the next session, or of resumption.

1982, c. 30, s. 119; 1982, c. 62, s. 143; 1984, c. 27, s. 4.

119.1. The Committee on the National Assembly shall as soon as possible designate the committee which will examine the report of activities.

The designated committee shall study the report within sixty days of its tabling in the National Assembly.

1984, c. 27, s. 5.

120. The Commission shall furnish the designated Minister with all the information and financial statements he may require regarding its activities.

1982, c. 30, s. 120.

121. The books and accounts of the Commission must be audited every year by the Auditor General and also whenever the Government orders it.

1982, c. 30, s. 121.

DIVISION II DUTIES AND POWERS

122. The object of the Commission is to hear, to the exclusion of every other court, the requests for review made under this Act.

The Commission shall also exercise the functions conferred on it under the Act respecting the protection of personal information in the private sector (chapter P-39.1).

1982, c. 30, s. 122; 1993, c. 17, s. 104.

123. The Commission must also

(1)  supervise the carrying out of this Act, and inquire into its effectiveness and degree of observance;

(2)  approve agreements entered into between public bodies pursuant to section 172;

(3)  give its opinion on the draft regulations submitted to it under this Act, on draft agreements on the transfer of information and on draft orders authorizing the establishment of confidential files;

(4)  establish, if it considers it advisable to do so, rules for the keeping of the register contemplated in section 67.3;

(5)  see to it that the confidentiality of personal information contained in files held by public bodies respecting the adoption of a person is respected;

(6)  see to it that the confidentiality of personal information contained in files held by the Public Curator on persons whom he represents or whose property he administers is respected.

1982, c. 30, s. 123; 1985, c. 30, s. 12; 1987, c. 68, s. 10; 1989, c. 54, s. 151.

124. The Commission may prescribe conditions applicable to a personal information file with which the public body must conform and respecting, in particular,

(1)  the kind of information that may be collected and the purposes for which it may be kept;

(2)  the use to which the file may be put;

(3)  the security measures that must be taken to ensure the confidentiality of nominative information;

(4)  the categories of persons who have access to nominative information in the discharge of their duties and, where such is the case, the special restrictions and conditions of access;

(5)  the special conditions to which the maintenance of the file may be subject, where such is the case.

1982, c. 30, s. 124; 1990, c. 57, s. 28.

125. The Commission may, on a written request, grant a person or an agency the authorization to receive communication of nominative information contained in a personal information file, for study, research or statistics purposes, without the consent of the persons concerned, if it is of the opinion

(1)  that the intended use is not frivolous and the ends contemplated cannot be achieved unless the information is communicated in nominative form;

(2)  that the nominative information will be used in a manner that will ensure its confidentiality.

The authorization is granted for such period and on such conditions as may be fixed by the Commission. It may be revoked before the expiry of the period granted if the Commission has reason to believe that the authorized person or body does not respect the confidentiality of the information disclosed or the other conditions.

1982, c. 30, s. 125.

126. The Commission may, on request, authorize a public body to disregard requests that are obviously improper because of their repetitious or systematic nature.

The same rule applies if, in the opinion of the Commission, the requests are made for purposes not in accordance with the objects of this Act in respect of the protection of personal information.

A member of the Commission may, in the name of the Commission, exercise by himself the powers conferred on the Commission by this section.

1982, c. 30, s. 126; 1990, c. 57, s. 29.

127. The Commission may, of its own initiative or following a complaint from an interested person, investigate

(1)  a confidential file to determine if the nominative information contained therein was entered and used in accordance with the order;

(2)  whether the confidentiality of personal information contained in a file held by a public body respecting the adoption of a person has been respected;

(3)  whether the confidentiality of personal information contained in a file held by the Public Curator on a person whom he represents or of whose property he administers has been respected.

The investigation is secret. Only a member of the Commission or a member of its management staff designated in writing for that purpose by the Commission may examine the nominative information entered in the file or the personal information contained in a file contemplated in subparagraph 2 or 3 of the first paragraph. However, a member of the staff of the Commission may, if the Commission so authorizes in writing, examine the personal information contained in a file contemplated in subparagraph 2 or 3 of the first paragraph.

1982, c. 30, s. 127; 1987, c. 68, s. 11; 1989, c. 54, s. 152.

128. The Commission may, after investigating a personal information file or a confidential file and after giving the public body responsible for the file an opportunity to submit written observations,

(1)  order that nominative information be corrected or deleted from the file or that the use of the file made contrary to this Act, the order or the prescriptions of the Commission, as the case may be, be discontinued;

(2)  order the public body to take the measures it considers appropriate to meet the conditions provided for by this Act or the prescriptions of the Commission;

(3)  order the destruction of a personal information file established or used contrary to this Act;

(4)  recommend to the Government that the order authorizing the establishment of a confidential file be amended or revoked.

1982, c. 30, s. 128.

128.1. On completion of an investigation pertaining to the matter contemplated in subparagraph 2 of the first paragraph of section 127 and after giving the public body holding the file contemplated in the said subparagraph an opportunity to make written representations, the Commission may

(1)  order the public body to take the necessary measures to ensure the confidentiality of the personal information contained in such a file respecting the adoption of a person;

(2)  indicate the measures that must be taken to ensure the confidentiality of the personal information contained in such a file;

(3)  indicate the special conditions to which the maintenance of such a file may be subject.

The Commission shall exercise the same powers with respect to the Public Curator on completion of an investigation pertaining to the matter contemplated in subparagraph 3 of the first paragraph of section 127.

1987, c. 68, s. 12; 1989, c. 54, s. 153.

129. The Commission, its members and every person appointed by it to inquire into the application of this Act are vested, for that purpose, with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1982, c. 30, s. 129.

130. Every public body must, at the request of the Commission, provide it with such information as it may require on the carrying out of this Act.

1982, c. 30, s. 130.

130.1. The Commission may refuse or cease to examine a matter if it has reasonable cause to believe that the request is frivolous or made in bad faith or that its intervention would clearly serve no purpose.

1993, c. 17, s. 105.

131. The Commission may, by regulation, make rules of proof and procedure, and provide for its internal management.

The Commission shall publish in the Gazette officielle du Québec the text of a draft regulation on procedure and proof with a notice stating that after a period of not less than forty-five days from publication, it will be submitted to the Government for approval.

The regulation comes into force fifteen days after the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1982, c. 30, s. 131; 1986, c. 22, s. 28.

132. The Commission must, at least every two years, publish and distribute in all regions of Québec an index of all the personal information files held by public bodies.

1982, c. 30, s. 132; 1990, c. 57, s. 30.

133. If, within a reasonable time after making a recommendation to a public body or after making an order, the Commission considers that appropriate measures have not been taken to implement the recommendation, it may so notify the Government or, if it deems it expedient, submit a special report to the National Assembly or set out the situation in its annual report.

1982, c. 30, s. 133; 1982, c. 62, s. 143.

134. The Committee on the National Assembly shall as soon as possible designate the committee which will study the special report.

The designated committee shall study the report within sixty days of its tabling in the National Assembly.

1982, c. 30, s. 134; 1982, c. 62, s. 143; 1984, c. 27, s. 6.

CHAPTER V REVIEW AND APPEAL

DIVISION I REVIEW

135. Every person whose request has been denied, in whole or in part, by the person in charge of access to documents or of protection of personal information may apply to the Commission for a review of the decision.

Every person who has made a request under this Act may apply to the Commission for a review of any decision of the person in charge concerning the time prescribed for processing the request, the mode of access to a document or information, the application of section 9 or the fee payable.

The application must be made within thirty days of the date of the decision or of the time granted by this Act to the person in charge for processing a request. However, the Commission may, for any serious cause, release the applicant from a failure to observe the time limit.

1982, c. 30, s. 135.

136. A third person who has submitted observations in accordance with section 49 may, within fifteen days after the mailing of the notice informing him of the decision to grant access, in whole or in part, to a document, apply to the Commission for a review of the decision.

Except in the case contemplated in section 26, the application suspends the carrying out of the decision of the person in charge until the decision of the Commission on the application is executory.

1982, c. 30, s. 136.

137. The application for review must be made in writing; it may state briefly the reasons for which the decision should be reviewed.

Notice of the application is given to the public body by the Commission.

Where the application for review deals with the refusal to release information provided by a third person, the Commission must so notify the third person concerned.

1982, c. 30, s. 137.

138. The members of the personnel of the Commission must lend assistance in drafting an application for review to every applicant concerned who requires it.

1982, c. 30, s. 138.

139. A member of the Commission may, on behalf of the Commission, hear and decide alone an application for review.

1982, c. 30, s. 139.

140. On receiving an application for review, the Commission must give the parties an opportunity to submit their observations.

1982, c. 30, s. 140.

141. The Commission has all the powers necessary for the exercise of its jurisdiction; it may make every order it considers appropriate to protect the rights of the parties, and decide on every matter of fact or of law.

It may, in particular, order a public body to release a document or part of a document, refrain from doing so, correct, complete, clarify, update or delete any nominative information, or discontinue the use or the release of nominative information.

1982, c. 30, s. 141.

142. The Commission may, in deciding an application for review, fix such conditions as it may deem advisable to facilitate the exercise of a right conferred by this Act.

1982, c. 30, s. 142.

143. A copy of the decision of the Commission is sent to the parties by registered or certified mail or by any other means providing evidence of the date of receipt.

1982, c. 30, s. 143.

144. Every decision of the Commission prescribing a particular course of action to a public body is executory 30 days after its receipt by the parties.

Every decision prohibiting a course of action to a public body is executory from its delivery to the public body.

From the time a decision becomes executory, a certified copy thereof may be filed by the Commission or a party in the office of the clerk of the Superior Court of the district of Montréal or Québec or of the district where the head office, business establishment or residence of a party is situated.

The filing of a decision grants thereupon to the decision the force and effect of a judgment of the Superior Court.

1982, c. 30, s. 144; 1985, c. 30, s. 13; 1990, c. 57, s. 31; 1999, c. 40, s. 3.

145. Where it considers it necessary in the public interest, the Government may, by order, require a public body to postpone, for such period as it indicates, the execution of a decision of the Commission ordering the release of a document or information.

During that period, no request for access to the document or information contemplated in the order may be received.

No proceedings in appeal from the decision of the Commission may be brought or continued during that period.

Furthermore, the time limit for appeal from the decision of the Commission is interrupted during the postponement, counting from the making of the order.

The order is tabled in the National Assembly within fifteen days following the making of the order if the Assembly is in session or, if it is not sitting, within fifteen days of the opening of the next session or of resumption.

1982, c. 30, s. 145; 1982, c. 62, s. 143.

146. Every decision of the Commission on a question of fact within its competence is final.

1982, c. 30, s. 146.

146.1. The Commission may declare an application for review of an agreement perempted if one year has elapsed since the last useful proceeding was filed.

Articles 266 to 269 of the Code of Civil Procedure (chapter C-25), adapted as required, apply to peremption of suit.

1993, c. 17, s. 106.

DIVISION II APPEAL

147. A person directly interested may bring an appeal from a decision of the Commission before a judge of the Court of Québec on any question of law or jurisdiction.

In no case may an appeal be brought except with leave of a judge of the Court of Québec. The judge shall grant leave if in his opinion the question ought to be examined in appeal.

1982, c. 30, s. 147; 1988, c. 21, s. 66; 1990, c. 57, s. 32.

148. The jurisdiction conferred by this division on a judge of the Court of Québec is exercised by only the judges of that Court that are appointed by the chief judge.

1982, c. 30, s. 148; 1988, c. 21, s. 66; 1990, c. 57, s. 33; 1993, c. 17, s. 107.

149. The motion for leave to appeal must specify the questions of law or jurisdiction which ought to be examined in appeal and, after notice to the parties and to the Commission, must be filed in the office of the Court of Québec, at Montréal or at Québec, within thirty days after the date of receipt of the decision of the Commission by the parties.

The costs of the motion are at the discretion of the judge.

The decision authorizing the appeal must mention only the questions of law or jurisdiction that will be examined in appeal.

1982, c. 30, s. 149; 1985, c. 30, s. 14; 1988, c. 21, s. 66; 1990, c. 57, s. 34.

149.1. The filing of the motion for leave to appeal suspends the execution of the decision of the Commission until the decision referred to in section 154 is rendered, except in the case of an appeal from a decision ordering a public body to abstain from doing something.

1990, c. 57, s. 35.

150. The appeal is brought by filing with the Commission a notice to that effect served on the parties, within ten days from the date of the decision giving leave for the appeal.

The filing of the notice takes the place of service on the Commission.

1982, c. 30, s. 150.

151. The secretary of the Commission shall immediately send the notice of appeal to the office of the Court of Québec, at Montréal or at Québec, at the option of the appellant.

The secretary shall send two duplicates of the decision appealed from, the documents related to the contestation and the decision authorizing the appeal, to the office of the Court, in place of the joint record.

1982, c. 30, s. 151; 1988, c. 21, s. 66; 1990, c. 57, s. 36; 1993, c. 17, s. 108.

152. The appeal is governed by articles 491 to 524 of the Code of Civil Procedure (chapter C-25), with the necessary modifications. The parties are not required, however, to file a statement of their claims.

1982, c. 30, s. 152; 1990, c. 57, s. 37.

153. The Court of Québec may, in the manner prescribed under the Courts of Justice Act (chapter T-16), make the rules of practice judged necessary for the carrying out of this division.

1982, c. 30, s. 153; 1988, c. 21, s. 66, s. 67.

154. The decision of the judge of the Court of Québec is final.

1982, c. 30, s. 154; 1988, c. 21, s. 66; 1990, c. 57, s. 38.

CHAPTER VI REGULATIONS

155. The Government may make regulations

(1)  prescribing fees for the transcription, reproduction or transmission of documents or nominative information, and the terms and conditions of payment of the fees;

(2)  providing for total or partial exemption from the payment of fees under this Act;

(3)  defining what constitutes a document produced by or for another public body, for the purposes of section 48;

(4)  prescribing the rules according to which the collection of nominative information must be made;

(5)  fixing appropriate security standards to ensure the confidentiality of the information entered in a personal information file;

(6)  prescribing the particulars to be given by the public bodies to the Commission in relation to their personal information files;

(7)  designating, according to the standards provided for in the regulation and for the purposes of the second paragraph of section 28, the public bodies that must refuse to release or to confirm the existence of information obtained through their internal security service.

The Government, in exercising its power to make regulations, may establish categories of persons, public bodies, information, documents and files.

1982, c. 30, s. 155; 1990, c. 57, s. 39.

156. After obtaining the opinion of the Commission, the designated minister shall publish in the Gazette officielle du Québec the text of every draft regulation with a notice indicating that after a period of not less than forty-five days following the publication, the text will be submitted to the Government for adoption.

1982, c. 30, s. 156.

157. A regulation made under section 155 comes into force fifteen days after the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1982, c. 30, s. 157; 1986, c. 22, s. 29.

CHAPTER VII SANCTIONS

DIVISION I PENAL PROVISIONS

158. Every person who knowingly denies or impedes access to a document or information to which access is not to be denied under this Act is guilty of an offence and is liable to a fine of $100 to $500 and, in the case of a second or subsequent conviction, to a fine of $250 to $1,000.

1982, c. 30, s. 158; 1990, c. 4, s. 22.

159. Every person who knowingly gives access to a document or to information which, under this Act, is not to be disclosed or to which, according to law, a public body denies access, is guilty of an offence and is liable to a fine of $200 to $1,000 and, in the case of a second or subsequent conviction, to a fine of $500 to $2,500.

1982, c. 30, s. 159; 1990, c. 4, s. 23.

159.1. Every person who knowingly

(1)  gives access to a document to a person who does not have a right of access to it under a provision of an Act which applies notwithstanding a provision of this Act,

(2)  informs a person of the existence of information he does not have the right to be informed of under a provision of an Act which applies notwithstanding a provision of this Act, or

(3)  communicates information to a person who is not a person who may take communication of it under a provision of an Act which applies notwithstanding a provision of this Act

is guilty of an offence and is liable to a fine of $200 to $1,000 and, in a case of a second or subsequent conviction, to a fine of $500 to $2,500.

1987, c. 68, s. 13; 1990, c. 4, s. 24.

160. Every person who impedes the progress of an inquiry or examination of a request or application by the Commission by knowingly providing it with false or inaccurate information, or otherwise, is guilty of an offence and is liable to the fine established in section 159.

1982, c. 30, s. 160; 1990, c. 4, s. 25.

161. Every person who impedes the progress of an inquiry or examination of a request or application by the Commission by knowingly omitting to provide it with the information it requires is guilty of an offence and is liable to a fine of $50 for each day or part of day during which the offence continues.

1982, c. 30, s. 161; 1990, c. 4, s. 25.

162. Every person who contravenes this Act, the regulations of the government, or an order of the Commission, is guilty of an offence and is liable to the fine prescribed in section 158.

1982, c. 30, s. 162.

163. An error or omission made in good faith does not constitute an offence within the meaning of this Act.

1982, c. 30, s. 163.

164. The Commission may, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for an offence under this division.

1982, c. 30, s. 164; 1990, c. 4, s. 26; 1992, c. 61, s. 28.

165. (Repealed).

1982, c. 30, s. 165; 1990, c. 4, s. 27.

DIVISION II REDRESS IN CERTAIN CASES

166. A natural person wronged by a decision of a public body concerning him may, if he has no other redress, apply to the Superior Court to nullify the decision if it is based on nominative information which is inaccurate or which has been collected, kept or released in contravention of this Act.

The court shall nullify the decision if it is established that the inaccuracy of the information or the contravention of the Act or regulation was not caused by a deliberate act of the person concerned. However, the public body may have the application rejected if it establishes that its decision would have been maintained even if the information had been rectified in due time.

1982, c. 30, s. 166.

167. Except if the injury results from superior force, a public body that keeps personal information is bound to compensate for the injury resulting from the unlawful infringement of a right established by Chapter III.

In addition, where the infringement is intentional or results from gross neglect, the court shall also award punitive damages of not less than $200.

1982, c. 30, s. 167; 1999, c. 40, s. 3.

CHAPTER VIII GENERAL PROVISIONS

168. The provisions of this Act prevail over any contrary provision of a subsequent general law or special Act unless the latter Act expressly states that it applies notwithstanding this Act.

1982, c. 30, s. 168.

169. Subject to section 170, every provision of any general law or special Act that is inconsistent with the provisions of Chapter II respecting access to documents held by public bodies or the provisions of Chapter III respecting the protection of personal information ceases to have effect on 31 December 1987.

The same applies to every provision of a regulation that is inconsistent with the provisions of this Act or of a government regulation passed under this Act.

1982, c. 30, s. 169; 1986, c. 56, s. 1; 1987, c. 33, s. 1.

170. The legislative provisions mentioned in Schedule A continue to have effect.

1982, c. 30, s. 170.

171. Notwithstanding sections 168 and 169, this Act does not limit

(1)  the exercise of a person’s right of access to a document resulting from the carrying out of another Act or of a practice established before 1 October 1982, unless the exercise of the right interferes with the protection of personal information;

(2)  the protection of personal information or the exercise of the right of access of a person to nominal information concerning him, resulting from the application of another Act or a practice established before 1 October 1982;

(3)  the release of documents or information required by the Public Protector or by the summons, warrant or order of any body empowered to enjoin their release.

1982, c. 30, s. 171; 1985, c. 30, s. 15.

172. The obligations imposed by this Act on a public body may be assumed by another public body in accordance with an agreement approved by the Commission.

1982, c. 30, s. 172.

173. The Public Protector and the Commission des droits de la personne et des droits de la jeunesse, on receiving a complaint in relation to a matter within the competence of the Commission, must transfer the file to the latter, thereby referring the case to the Commission pleno jure.

1982, c. 30, s. 173; 1995, c. 27, s. 16.

174. The Minister of Relations with the Citizens and Immigration is responsible for the administration of this Act.

1982, c. 30, s. 174; 1993, c. 17, s. 109; 1994, c. 14, s. 10; 1996, c. 21, s. 30.

The Minister responsible for Canadian Intergovernmental Affairs, Francophones within Canada, the Agreement on Internal Trade, the Reform of Democratic Institutions and Access to Information exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in this Act. Order in Council 175-2005 dated 9 March 2005, (2005) 137 G.O. 2 (French), 1045.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

175. (Amendment integrated into c. E-18, Division II.1, ss. 11.1-11.4).

1982, c. 30, s. 175.

176. For two years following the coming into force of those provisions of this Act which grant to a person the right of access to a document, a public body may deny access to any document dated more than two years prior to such coming into force.

1982, c. 30, s. 176.

177. Notwithstanding Division III of Chapter III, a public body which, at the time when that division becomes effective in its regard, is in possession of nominative information, has twelve months to set up a personal information file or a confidential file in accordance with this Act.

1982, c. 30, s. 177.

178. The Commission, before 1 October 1985, must examine the provisions of the Acts and regulations referred to in section 169 and, after hearing the representations made by the persons concerned, make recommendations to the Government on the advisability of maintaining their application or of amending them.

1982, c. 30, s. 178.

179. The Commission, not later than 1 October 1987, and, subsequently, every five years, must report to the Government on the implementation of this Act, the advisability of maintaining it in force and, as the case may be, of amending it.

The report must be tabled within the next fifteen days in the National Assembly if it is sitting or, if not, in the office of its President.

1982, c. 30, s. 179; 1982, c. 62, s. 143; 1984, c. 27, s. 7.

179.1. The Committee on the National Assembly shall as soon as possible designate the committee which will study the report on the implementation of the Act.

Within one year after the tabling of the report in the National Assembly, the designated committee shall examine the advisability of maintaining in force or, as the case may be, of amending this Act, and hear the representations of the persons and bodies concerned.

1984, c. 27, s. 8.

180. The sums required for the carrying out of this Act are taken, for the fiscal year 1982-1983, out of the Consolidated Revenue Fund and, for subsequent years, out of the sums granted annually for that purpose by Parliament.

1982, c. 30, s. 180.

181. Within twelve months from 1 October 1982, the Government must set up a timetable of the coming into force and effective dates of the provisions of this Act.

Within fifteen days of its adoption, the timetable must be tabled in the National Assembly if it is sitting or, if not, in the office of its President.

1982, c. 30, s. 181; 1982, c. 62, s. 143.

182. (This section ceased to have effect on 1 October 1987).

1982, c. 30, s. 182; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

183. (Omitted).

1982, c. 30, s. 183.

SCHEDULE A

(section 170)

LEGISLATIVE PROVISIONS STILL HAVING EFFECT NOTWITHSTANDING
SECTION 169

TITLE                             PROVISIONS

Referendum Act                    Sections 16 to 18 and 61
(chapter C-64.1)                  to 155 of Appendix 2

Education Act for Cree, Inuit     Sections 624 to 626
and Naskapi Native Persons
(chapter I-14)

An Act respecting the             Sections 69 to 71
Ministère du Revenu
(chapter M-31)

An Act respecting Northern        Sections 67 to 75
villages and the Kativik
Regional Government
(chapter V-6.1)

1982, c. 30, Schedule A; 1984, c. 51, s. 525; 1985, c. 46, s. 89; 1985, c. 30, s. 16; 1987, c. 57, s. 660; 1989, c. 1, s. 581; 1988, c. 84, s. 699; 1989, c. 36, s. 225; 1998, c. 44, s. 44.

SCHEDULE B

(section 106)

OATH OF ALLEGIANCE, OF OFFICE AND OF DISCRETION

I, A. B., swear under oath that I will act with loyalty and true allegiance to the established authority and that I will fulfil the duties of my office with honesty, and that I will not accept any sum of money or consideration of any kind in carrying out the duties of my office, apart from my salary and any allowance that is given to me by law or by an order of the Government. In addition, I swear under oath that I will neither disclose nor make known anything whatsoever that I have learned in the exercise of my office, unless I have been duly authorized to do so.

1982, c. 30, Schedule B; 1999, c. 40, s. 3.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 30 of the statutes of 1982, in force on 1 January 1983, is repealed, except section 183, effective from the coming into force of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 155 to 157, 168, 169 and 178 of chapter 30 of the statutes of 1982, in force on 1 January 1984, are repealed effective from the coming into force of the updating to 1 January 1984 of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 9 to 15, 17 to 68, 71 to 102, 122 to 130, 132 to 154, 158 to 167, 170 to 173, 175 to 177 and Schedule A of chapter 30 of the statutes of 1982, in force on 1 July 1984, are repealed effective from the coming into force of the updating to 1 July 1984 of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 69 and 70 of chapter 30 of the statutes of 1982, in force on 1 September 1985, are repealed effective from the coming into force of the updating to 1 September 1985 of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 16 of chapter 30 of the statutes of 1982, in force on 1 March 1986, is repealed effective from the coming into force of the updating to 1 March 1986 of chapter A-2.1 of the Revised Statutes.