Acts and Regulations

C-2.7 - Child, Youth and Senior Advocate Act

Section 21
Disposition versions

Full text
Access to information
21(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Advocate has a right to all information and documentation that is necessary to enable the Advocate to perform the duties and exercise the powers under this Act.
21(2)Subject to subsection (3), if the Advocate requests a person to provide information relating to a matter being investigated or reviewed by the Advocate and the Advocate is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Advocate, relate to the matter and that may be in the possession or under the control of the person.
21(3)The Advocate does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
21(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation or review by the Advocate:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
Access to information
21(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Advocate has a right to all information and documentation that is necessary to enable the Advocate to perform the duties and exercise the powers under this Act.
21(2)Subject to subsection (3), if the Advocate requests a person to provide information relating to a matter being investigated or reviewed by the Advocate and the Advocate is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Advocate, relate to the matter and that may be in the possession or under the control of the person.
21(3)The Advocate does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
21(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation or review by the Advocate:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.