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Access to Information Act (R.S.C., 1985, c. A-1)

Act current to 2019-08-15 and last amended on 2019-07-15. Previous Versions

PART 1Access to Government Records (continued)

Reports to Parliament (continued)

Marginal note:Transmission of reports

  •  (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.

  • Marginal note: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

Review by the Federal Court

Marginal note:Review by Federal Court — complainant

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Operation of order stayed

  •  (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.

  • Marginal note: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

Marginal note:Parties to review

  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Information Commissioner may appear

 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

Marginal note:Service on head of government institution

  •  (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).

  • Marginal note: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

Marginal note:Third party may apply for review

  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:De novo review

 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

Marginal note:Hearing in summary way

 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

Marginal note:Access to records

 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

Marginal note:Court to take precautions against disclosing

  •  (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.

  • Marginal note: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)
 
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