Second

Session, 48th General Assembly

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,

Analysis

S.24.1 Added

Disclosure

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.

Queen's Printer