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

Act current to 2013-05-20 and last amended on 2013-04-01. Previous Versions

Marginal note:Written complaint

31. A complaint under this Act 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.
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INVESTIGATIONS

Marginal note:Notice of intention to investigate

32. Before commencing an investigation of a complaint under this Act, 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.

  • 1980-81-82-83, c. 111, Sch. I “32”.
Marginal note:Notice to third parties

33. Where the head of a government institution refuses to disclose a record requested under this Act 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.

  • 1980-81-82-83, c. 111, Sch. I “33”.
Marginal note:Regulation of procedure

34. Subject to this Act, the Information Commissioner may determine the procedure to be followed in the performance of any duty or function of the Commissioner under this Act.

  • 1980-81-82-83, c. 111, Sch. I “34”.
Marginal note:Investigations in private

  • 35. (1) Every investigation of a complaint under this Act by the Information Commissioner shall be conducted in private.

  • Marginal note:Right to make representations

    (2) In the course of an investigation of a complaint under this Act 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, and

    • (c) a third party if

      • (i) the Information Commissioner intends to recommend the disclosure under subsection 37(1) of all or part of a record that contains — or that the Information 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 Information 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.

    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).
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