Mandatory Consultation

Consultation process

When a request involves more than one institution, there should be consultation between institutions to ensure that all viewpoints are considered in carrying out the provisions of the Act. This consultation process is mandatory in some instances:

(a) Exemptions relating to international affairs, defence and national security

Government institutions must:

ensure that External Affairs is consulted before determining whether to exempt or disclose any information that could reasonably be expected to be injurious to the conduct of international affairs;
ensure that National Defence is consulted before determining whether to exempt or disclose any information that could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada;
ensure that the government institution having primary interest (i.e. the department of the Solicitor General, the R.C.M.P. the Canadian Security and Intelligence Service, National Defence or External Affairs) is consulted before determining whether to exempt or disclose any information that could reasonably be expected to be injurious to the detection, prevention, or suppression of subversive or hostile activities.

(b) Exemptions relating to law enforcement and penal institutions

Government institutions must:

ensure that consultation with the investigative body which originally obtained or prepared the information take place prior to determining whether to exempt or disclose information under paragraph 16(1)(a) of the Act;
ensure that consultation with the investigative body or other government institution with primary interest in the investigative technique or the specific investigation involved takes place prior to any decision to exempt or disclose information relating to investigative techniques or plans for specific lawful investigations;
ensure that consultation with the investigative body or other government institution with primary interest in the law being enforced or investigation being undertaken takes place prior to decisions to exempt or disclose information on the basis of injury to the enforcement of a law of Canada or a province or the conduct of lawful investigations;
ensure that consultation with Correctional Service Canada takes place prior to decisions to exempt or disclose information on the basis of injury to the security of penal institutions;
ensure that, before disclosing information which could affect the safety of individuals where the information has been provided by another institution, that institution is consulted.