35

 


 

Second Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 35

AN ACT TO AMEND THE PUBLIC INQUIRES ACT, 2006

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE ANDREW PARSONS, Q.C.

Minister of Justice and Public Safety and Attorney General

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Public Inquiries Act, 2006 to confirm that immunity or privilege is not waived where the Crown or a person designated by the Lieutenant-Governor in Council discloses information to a commission or inquiry.


A BILL

AN ACT TO AMEND THE PUBLIC INQUIRIES ACT, 2006

Analysis


        1.   S.24.1 Added

              Disclosure

        2.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2006 cP-38.1
as amended

        1. The Public Inquiries Act, 2006 is amended by adding immediately after section 24 the following:

Disclosure

   24.1 (1) Where the Crown or a person designated under subsection (3) discloses to a commission or inquiry, either voluntarily or in response to a request or summons, any information over which immunity or privilege, including solicitor-client privilege, is asserted, the immunity or privilege is not waived or defeated for any purpose by the disclosure.

             (2)  Where a commission or inquiry determines that it is necessary to disclose information over which the Crown or a person designated under subsection (3) asserts immunity or privilege, including solicitor-client privilege, the immunity or privilege is not waived or defeated for any purpose by the disclosure.

             (3)  The Lieutenant-Governor in Council may designate persons to whom subsections (1) and (2) apply.

Commencement

        2. This Act is considered to have come into force on January 1, 2018.