Public Inquiry Added to Canada Evidence Act

Summary#

The Order Amending the Schedule to the Canada Evidence Act: SOR/2023-205 adds the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions to the list of inquiries covered by the Canada Evidence Act. The change applies to that inquiry except when a hearing is open to the public and came into force on October 6, 2023.

What it does#

• Adds a new item (item 23) to the schedule of the Canada Evidence Act naming the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions.
• Makes the Canada Evidence Act apply to that inquiry “for the purposes of that inquiry, except if the hearing is open to the public.”
• States the order’s effective date as the day it was registered (registered on October 6, 2023).

Who's affected#

• People who take part in or appear before the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions, including witnesses and legal counsel.
• Officials and staff running the inquiry and anyone asked to provide documents or testimony in its non‑public sessions.
• It is unclear from the order itself whether other groups (for example, particular organizations or third parties who hold relevant records) will be affected in specific ways.

Why it matters#

• The change means the rules in the Canada Evidence Act will apply when the inquiry holds closed (non‑public) sessions. That affects how testimony and documents are handled in those parts of the inquiry.
• For participants, this can affect confidentiality, what can be compelled or protected, and how evidence is shared with others.
• For the public, it matters because it balances the inquiry’s need to gather evidence in private with transparency when hearings are open.