GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Access to Information Act — A-1 28
Representations of third party and decision 28 (1) Where a notice is given by the head of a government institution under subsection 27(1) to a third party in respect of a record or a part thereof, (a) the third party shall, within twenty days after the notice is given, be given the opportunity to make representations to the head of the institution as to why the record or the part thereof should not be disclosed; and (b) the head of the institution shall, within thirty days after the notice is given, if the third party has been given an opportunity to make representations under paragraph (a), make a decision as to whether or not to disclose the record or the part thereof and give written notice of the decision to the third party. Representations to be made in writing (2) Representations made by a third party under paragraph (1)(a) shall be made in writing unless the head of the government institution concerned waives that requirement, in which case they may be made orally. Contents of notice of decision to disclose (3) A notice given under paragraph (1)(b) of a decision to disclose a record requested under this Part or a part thereof shall include (a) a statement that the third party to whom the notice is given is entitled to request a review of the decision under section 44 within twenty days after the notice is given; and (b) a statement that the person who requested access to the record will be given access thereto or to the part thereof unless, within twenty days after the notice is given, a review of the decision is requested under section 44. Disclosure of record (4) Where, pursuant to paragraph (1)(b), the head of a government institution decides to disclose a record requested under this Part or a part thereof, the head of the institution shall give the person who made the request access to the record or the part thereof forthwith on completion of twenty days after a notice is given under that paragraph, unless a review of the decision is requested under section 44. R.S., 1985, c. A-1, s. 28 2019, c. 18, s. 41(E)
Access to Information Act — A-1 30
Receipt and investigation of complaints 30 (1) Subject to this Part, the Information Commissioner shall receive and investigate complaints (a) from persons who have been refused access to a record requested under this Part or a part thereof; (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable; (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable; (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate; (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate; (e) in respect of any publication or bulletin referred to in section 5; or (f) in respect of any other matter relating to requesting or obtaining access to records under this Part. Complaints submitted on behalf of complainants (2) Nothing in this Part precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized. Information Commissioner may initiate complaint (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof. Reasons for refusing or ceasing to investigate (4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion, (a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or (b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner. Notice (5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to (a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint; (b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32; (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and (d) the Privacy Commissioner, if the Information Commissioner consulted him or her under subsection 36(1.1) or section 36.2. R.S., 1985, c. A-1, s. 30; 1992, c. 21, s. 4 2019, c. 18, s. 13 2019, c. 18, s. 39
Access to Information Act — A-1 31
Written complaint 31 A complaint under this Part shall be made to the Information Commissioner in writing unless the Commissioner authorizes otherwise. If the complaint relates to a request by a person for access to a record, it shall be made within sixty days after the day on which the person receives a notice of a refusal under section 7, is given access to all or part of the record or, in any other case, becomes aware that grounds for the complaint exist. R.S., 1985, c. A-1, s. 31; 2006, c. 9, s. 151 2019, c. 18, s. 41(E)
Access to Information Act — A-1 32
Notice of intention to investigate 32 Before commencing an investigation of a complaint under this Part, the Information Commissioner shall notify the head of the government institution concerned of the intention to carry out the investigation and shall inform the head of the institution of the substance of the complaint. R.S., 1985, c. A-1, s. 32 2019, c. 18, s. 39
Access to Information Act — A-1 33
Notice to third parties 33 Where the head of a government institution refuses to disclose a record requested under this Part or a part thereof and receives a notice under section 32 of a complaint in respect of the refusal, the head of the institution shall forthwith advise the Information Commissioner of any third party that the head of the institution has notified under subsection 27(1) in respect of the request or would have notified under that subsection if the head of the institution had intended to disclose the record or part thereof. R.S., 1985, c. A-1, s. 33 2019, c. 18, s. 41(E)
Access to Information Act — A-1 34
Regulation of procedure 34 Subject to this Part, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Part. R.S., 1985, c. A-1, s. 34 2019, c. 18, s. 39
Access to Information Act — A-1 35
Investigations in private 35 (1) Every investigation of a complaint under this Part by the Information Commissioner shall be conducted in private. Right to make representations (2) In the course of an investigation of a complaint under this Part by the Information Commissioner, a reasonable opportunity to make representations shall be given to (a) the person who made the complaint, (b) the head of the government institution concerned, (c) a third party if (i) the Information Commissioner intends to make an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and (ii) the third party can reasonably be located, and (d) the Privacy Commissioner, if the Information Commissioner consults him or her under subsection 36(1.1) or section 36.2. However no one is entitled as of right to be present during, to have access to or to comment on representations made to the Information Commissioner by any other person. R.S., 1985, c. A-1, s. 35; 2006, c. 9, s. 152(F); 2007, c. 15, ss. 10, 12(F) 2019, c. 18, s. 14 2019, c. 18, s. 41(E)
Access to Information Act — A-1 36
n shall be returned by the Information Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section. R.S., 1985, c. A-1, s. 36; R.S., 1985, c. 27 (1st Supp.), s. 187; 2006, c. 9, s. 153 2019, c. 18, s. 15 2019, c. 18, s. 39
Access to Information Act — A-1 36.1
Power to make order 36.1 (1) If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made (a) to disclose the record or a part of the record; and (b) to reconsider their decision to refuse access to the record or a part of the record. Limitation (2) The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3). Condition (3) The order may include any condition that the Information Commissioner considers appropriate. Effect (4) The order takes effect on (a) the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or (b) the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report. Deemed date of receipt (5) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report. 2019, c. 18, s. 16
Access to Information Act — A-1 36.2
Consulting Privacy Commissioner 36.2 If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner shall consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information. 2019, c. 18, s. 16
Access to Information Act — A-1 36.3
Notice to third parties 36.3 (1) If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention. Contents of notice (2) The notice must include (a) a statement that the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1); (b) a description of the contents of the record or the part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and (c) a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed. 2019, c. 18, s. 16
Access to Information Act — A-1 38
Annual report 38 The Information Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the office during that financial year. 1980-81-82-83, c. 111, Sch. I “38”
Access to Information Act — A-1 39
Special reports 39 (1) The Information Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 38. Where investigation made (2) Any report made pursuant to subsection (1) that relates to an investigation under this Part shall be made only after the procedures set out in section 37 have been followed in respect of the investigation. R.S., 1985, c. A-1, s. 39 2019, c. 18, s. 41(E)
Access to Information Act — A-1 40
Transmission of reports 40 (1) Every report to Parliament made by the Information Commissioner under section 38 or 39 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses. Reference to Parliamentary committee (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling under that subsection, be referred to the committee designated or established by Parliament for the purpose of section 99. R.S., 1985, c. A-1, s. 40 2019, c. 18, s. 18
Access to Information Act — A-1 41
Review by Federal Court — complainant 41 (1) A person who makes a complaint described in any of paragraphs 30(1)(a) to (e) and who receives a report under subsection 37(2) in respect of the complaint may, within 30 business days after the day on which the head of the government institution receives the report, apply to the Court for a review of the matter that is the subject of the complaint. Review by Federal Court — government institution (2) The head of a government institution who receives a report under subsection 37(2) may, within 30 business days after the day on which they receive it, apply to the Court for a review of any matter that is the subject of an order set out in the report. Review by Federal Court — third parties (3) If neither the person who made the complaint nor the head of the government institution makes an application under this section within the period for doing so, a third party who receives a report under subsection 37(2) may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of the application of any exemption provided for under this Part that may apply to a record that might contain information described in subsection 20(1) and that is the subject of the complaint in respect of which the report is made. Review by Federal Court — Privacy Commissioner (4) If neither the person who made the complaint nor the head of the institution makes an application under this section within the period for doing so, the Privacy Commissioner, if he or she receives a report under subsection 37(2), may, within 10 business days after the expiry of the period referred to in subsection (1), apply to the Court for a review of any matter in relation to the disclosure of a record that might contain personal information and that is the subject of the complaint in respect of which the report is made. Respondents (5) The person who applies for a review under subsection (1), (3) or (4) may name only the head of the government institution concerned as the respondent to the proceedings. The head of the government institution who applies for a review under subsection (2) may name only the Information Commissioner as the respondent to the proceedings. Deemed date of receipt (6) For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report. R.S., 1985, c. A-1, s. 41 2019, c. 18, s. 19
Access to Information Act — A-1 41.1
Operation of order stayed 41.1 (1) Subject to subsection (2), the making of an application under section 41 operates as a stay of any order set out in a report received under subsection 37(2) by the person who made the application until the proceedings are finally concluded. Part of order operative (2) If all of the persons who received the report agree in writing, any part of the order that relates to a matter that is not the subject of the proceedings becomes operative. 2019, c. 18, s. 19
Access to Information Act — A-1 41.2
Parties to review 41.2 (1) If a person who receives a report under subsection 37(2) applies to the Court for a review under section 41, any other person who received the report under that subsection has the right to appear as a party to the review. Scope of proceedings (2) If a complainant, a third party or the Privacy Commissioner files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 41(1), they may raise for determination by the Court any matter in respect of which they may make an application under section 41. Burden of proof – party (3) If a third party or the Privacy Commissioner raises a matter for determination by the court under subsection (2), the burden of establishing that the disclosure of a record requested under this Part or a part of such a record is not authorized is on the person who raises the matter. 2019, c. 18, s. 19
Access to Information Act — A-1 42
Information Commissioner may appear 42 The Information Commissioner may (a) appear before the Court on behalf of a complainant; or (b) appear as a party to any review applied for under section 41 or, with leave of the Court, as a party to any review applied for under section 44. R.S., 1985, c. A-1, s. 42 2019, c. 18, s. 19
Access to Information Act — A-1 43
Service on head of government institution 43 (1) If a complainant, a third party or the Privacy Commissioner makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the head of the government institution who received the report under subsection 37(2). Service or notice (2) If the head of a government institution makes an application for a review under section 41, he or she shall immediately serve a copy of the originating document on the persons who are entitled to be provided a report under subsection 37(2) and on the Information Commissioner. However, if the head of the institution is served with a copy of an originating document under subsection (1), he or she shall, as soon as possible after being served, give written notice of the application to those persons and to the Information Commissioner, unless any of those persons or the Commissioner has already been served with a copy of the document. R.S., 1985, c. A-1, s. 43; 1992, c. 1, s. 144(F) 2019, c. 18, s. 19
Access to Information Act — A-1 44
Third party may apply for review 44 (1) Any third party to whom the head of a government institution is required under paragraph 28(1)(b) to give notice of a decision to disclose a record or a part of a record under this Part may, within 20 days after the notice is given, apply to the Court for a review of the matter. Notice to person who requested record (2) The head of a government institution who has given notice under paragraph 28(1)(b) that a record requested under this Part or a part of such a record will be disclosed shall, on being given notice of an application made under subsection (1) in respect of the disclosure, give written notice of the application to the person who requested access to the record. Person who requested access may appear as party (3) Any person who has been given notice of an application for a review under subsection (2) may appear as a party to the review. R.S., 1985, c. A-1, s. 44; R.S., 1985, c. 1 (4th Supp.), s. 45(F) 2019, c. 18, s. 20
Access to Information Act — A-1 44.1
De novo review 44.1 For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding. 2019, c. 18, s. 21
Access to Information Act — A-1 45
Hearing in summary way 45 An application made under section 41 or 44 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act . R.S., 1985, c. A-1, s. 45; 2002, c. 8, s. 182 2019, c. 18, s. 21
Access to Information Act — A-1 46
Access to records 46 Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, the Court may, in the course of any proceedings before it arising from an application under section 41 or 44, examine any record to which this Part applies that is under the control of a government institution, and no such record may be withheld from the Court on any grounds. R.S., 1985, c. A-1, s. 46 2019, c. 18, s. 22
Access to Information Act — A-1 47
Court to take precautions against disclosing 47 (1) In any proceedings before the Court arising from an application under section 41 or 44, the Court shall take every reasonable precaution, including, when appropriate, receiving representations ex parte and conducting hearings in camera , to avoid the disclosure by the Court or any person of (a) any information or other material on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part; or (b) any information as to whether a record exists where the head of a government institution, in refusing to disclose the record under this Part, does not indicate whether it exists. Disclosure of offence authorized (2) The Court may disclose to the appropriate authority information relating to the commission of an offence against a law of Canada or a province by a director, an officer or an employee of a government institution if, in the Court’s opinion, there is evidence of such an offence. R.S., 1985, c. A-1, s. 47; 2006, c. 9, s. 154 2019, c. 18, s. 23 2019, c. 18, s. 39 2019, c. 18, s. 41(E)
Access to Information Act — A-1 48
Burden of proof — subsection 41(1) or (2) 48 (1) In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned. Burden of proof — subsection 41(3) or (4) (2) In any proceedings before the Court arising from an application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application. R.S., 1985, c. A-1, s. 48 2019, c. 18, s. 24