Madam Speaker, I welcome this opportunity today to talk about the points raised by the hon. member for Pictou—Antigonish—Guysborough regarding Bill C-36 and the issuance of certificates by the attorney general, even if the member did not expressly mention it.
I would like to explain exactly how the new subsection 38(13) resulting from the coming into force of Bill C-36 works. The Attorney General of Canada has the power to issue a certificate that would prohibit the disclosure of information in connection with a proceeding for the purpose of protecting information obtained in confidence from or in relation to a foreign entity as defined in subsection 2(1) of the Security of Information Act or for the purpose of protecting national defence or national security.
The hon. member's question would seem to imply that the certificate could be used to deny the disclosure of all types of information held by the government, but this is simply not the case. Freedom of information remains the rule for the government rather than the exception. Full public access to the vast majority of government information will not be affected by the legislation.
The attorney general's certificate process is intended to apply in exceptional cases only as the ultimate guarantee that it ensures the protection of very sensitive information that is held by the Government of Canada.
I would like to add that there are a number of safeguards. I will mention only two, given the time limit. First, the certificate can only be personally issued by the Attorney General of Canada. Second, it can only be issued after an order or a decision for disclosure of that information has been made under the Canada Evidence Act or any other act of parliament that would result in a disclosure of the information.
Unfortunately time is short, but I would refer the hon. member to the subsections I just mentioned in my reply where he will find the exact information that develops my answer to him even more.