315 (1) In this section, a reference to a correction to a record or to correct a record includes the addition of, or adding, information to make the record complete. 2017, c. 14, Sched. 1, s. 315 (1). Written request (2) If a service provider has granted an individual access to a record of personal information and if the individual believes that the record is inaccurate or incomplete, the individual may request in writing that the service provider correct the record. 2017, c. 14, Sched. 1, s. 315 (2). Informal request (3) If the individual makes an oral request that the service provider correct the record, nothing in this section prevents the service provider from making the requested correction. 2017, c. 14, Sched. 1, s. 315 (3). Time for response (4) As soon as possible, but no later than 30 days after receiving a request for a correction under subsection (2), the service provider shall, by written notice to the individual, grant or refuse the individual’s request or extend the deadline for responding by not more than 90 days if, (a) responding to the request within 30 days would unreasonably interfere with the operations of the service provider; or (b) the time required to undertake the consultations necessary to respond to the request within 30 days would make it not reasonably practical to respond within that time. 2017, c. 14, Sched. 1, s. 315 (4). Extension of time (5) A service provider that extends the time limit under subsection (4) shall by written notice to the individual, (a) set out the length of the extension and the reason for it; and (b) grant or refuse the individual’s request as soon as possible in the circumstances but no later than the expiry of the time limit as extended. 2017, c. 14, Sched. 1, s. 315 (5). Frivolous or vexatious requests (6) A service provider that believes on reasonable grounds that a request for a correction is frivolous or vexatious or is made in bad faith may refuse to grant the request and, in that case, shall provide the individual with a notice that sets out the reasons for the refusal and that states that the individual is entitled to make a complaint about the refusal to the Commissioner under section 316. 2017, c. 14, Sched. 1, s. 315 (6). Deemed refusal (7) A service provider that does not respond to a request for a correction within the time required is deemed to have refused the request. 2017, c. 14, Sched. 1, s. 315 (7). Right to complain (8) If the service provider refuses or is deemed to have refused the request, in whole or in part, (a) the individual is entitled to make a complaint about the refusal to the Commissioner under section 316; and (b) in the complaint, the burden of proof in respect of the refusal lies on the service provider. 2017, c. 14, Sched. 1, s. 315 (8). Duty to correct (9) The service provider shall grant a request for a correction if the individual demonstrates, to the service provider’s satisfaction, that the record is inaccurate or incomplete and gives the service provider the information necessary to enable the service provider to correct the record. 2017, c. 14, Sched. 1, s. 315 (9). Exceptions (10) Despite subsection (9), a service provider is not required to correct a record of personal information if, (a) it consists of a record that was not originally created by the service provider and the service provider does not have sufficient knowledge, expertise or authority to correct the record; or (b) it consists of a professional opinion or observation that was made in good faith about the individual. 2017, c. 14, Sched. 1, s. 315 (10). Manner of making the correction (11) Upon granting a request for a correction, the service provider shall, (a) make the requested correction by, (i) recording the correct information in the record and, (A) striking out the incorrect information in a manner that does not obliterate the record, or (B) if that is not possible, labelling the information as incorrect, severing the incorrect information from the record, storing it separately from the record and maintaining a link in the record that enables a person to trace the incorrect information, or (ii) if it is not possible to make the requested correction in the manner set out in subclause (i), ensuring that there is a practical system in place to inform a person who accesses the record that the information in the record is incorrect and to direct the person to the correct information; (b) give notice to the individual of what has been done under clause (a); and (c) at the request of the individual, give written notice of the requested correction, to the extent reasonably possible, to the persons to whom the service provider has disclosed the information with respect to which the individual requested the correction of the record, unless the correction cannot reasonably be expected to have an effect on the ongoing provision of services. 2017, c. 14, Sched. 1, s. 315 (11); 2019, c. 15, Sched. 5, s. 3. Notice of refusal (12) A notice of refusal under subsection (4) or (5) must give the reasons for the refusal and inform the individual that the individual is entitled to, (a) prepare a concise statement of disagreement that sets out the correction that the service provider has refused to make; (b) require that the service provider attach the statement of disagreement as part of the records that it holds of the individual’s personal information and disclose the statement of disagreement whenever the service provider discloses information to which the statement relates; (c) require that the service provider make all reasonable efforts to disclose the statement of disagreement to any person who would have been notified under clause (11) (c) if the service provider had granted the requested correction; and (d) make a complaint about the refusal to the Commissioner under section 316. 2017, c. 14, Sched. 1, s. 315 (12). Rights of individual (13) If a service provider refuses a request for a correction, in whole or in part, or is deemed to have refused the request, the individual is entitled to take any of the actions described in subsection (12). 2017, c. 14, Sched. 1, s. 315 (13). Service provider’s duty (14) If the individual takes an action described in clause (12) (b) or (c), the service provider shall comply with the requirements described in the applicable clause. 2017, c. 14, Sched. 1, s. 315 (14). No fee for correction (15) A service provider shall not charge a fee for correcting a record under this section, or for complying with subsection (14). 2017, c. 14, Sched. 1, s. 315 (15). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 5, s. 3 - 01/01/2020 Complaints, Reviews and Inspections