Marginal note:Written request
8. (1) A request under clause 4.9 of Schedule 1 must be made in writing.
(2) An organization shall assist any individual who informs the organization that they need assistance in preparing a request to the organization.
Marginal note:Time limit
(3) An organization shall respond to a request with due diligence and in any case not later than thirty days after receipt of the request.
Marginal note:Extension of time limit
(4) An organization may extend the time limit
(a) for a maximum of thirty days if
(i) meeting the time limit would unreasonably interfere with the activities of the organization, or
(ii) the time required to undertake any consultations necessary to respond to the request would make the time limit impracticable to meet; or
(b) for the period that is necessary in order to be able to convert the personal information into an alternative format.
In either case, the organization shall, no later than thirty days after the date of the request, send a notice of extension to the individual, advising them of the new time limit, the reasons for extending the time limit and of their right to make a complaint to the Commissioner in respect of the extension.
Marginal note:Deemed refusal
(5) If the organization fails to respond within the time limit, the organization is deemed to have refused the request.
Marginal note:Costs for responding
(6) An organization may respond to an individual’s request at a cost to the individual only if
(a) the organization has informed the individual of the approximate cost; and
(b) the individual has advised the organization that the request is not being withdrawn.
(7) An organization that responds within the time limit and refuses a request shall inform the individual in writing of the refusal, setting out the reasons and any recourse that they may have under this Part.
Marginal note:Retention of information
(8) Despite clause 4.5 of Schedule 1, an organization that has personal information that is the subject of a request shall retain the information for as long as is necessary to allow the individual to exhaust any recourse under this Part that they may have.
Marginal note:When access prohibited
9. (1) Despite clause 4.9 of Schedule 1, an organization shall not give an individual access to personal information if doing so would likely reveal personal information about a third party. However, if the information about the third party is severable from the record containing the information about the individual, the organization shall sever the information about the third party before giving the individual access.
(2) Subsection (1) does not apply if the third party consents to the access or the individual needs the information because an individual’s life, health or security is threatened.
Marginal note:Information related to paragraphs 7(3)(c), (c.1) or (d)
(2.1) An organization shall comply with subsection (2.2) if an individual requests that the organization
(a) inform the individual about
(i) any disclosure of information to a government institution or a part of a government institution under paragraph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(c.2) or (d), or
(ii) the existence of any information that the organization has relating to a disclosure referred to in subparagraph (i), to a subpoena, warrant or order referred to in paragraph 7(3)(c) or to a request made by a government institution or a part of a government institution under subparagraph 7(3)(c.1)(i) or (ii); or
(b) give the individual access to the information referred to in subparagraph (a)(ii).
Marginal note:Notification and response
(2.2) An organization to which subsection (2.1) applies
(a) shall, in writing and without delay, notify the institution or part concerned of the request made by the individual; and
(b) shall not respond to the request before the earlier of
(i) the day on which it is notified under subsection (2.3), and
(ii) thirty days after the day on which the institution or part was notified.
(2.3) Within thirty days after the day on which it is notified under subsection (2.2), the institution or part shall notify the organization whether or not the institution or part objects to the organization complying with the request. The institution or part may object only if the institution or part is of the opinion that compliance with the request could reasonably be expected to be injurious to
(a) national security, the defence of Canada or the conduct of international affairs;
(a.1) the detection, prevention or deterrence of money laundering or the financing of terrorist activities; or
Footnote *(a.1) the detection, prevention or deterrence of money laundering; or
Return to footnote *[Note: Paragraph 9(2.3)(a.1), as enacted by paragraph 97(1)(c) of chapter 17 of the Statutes of Canada, 2000, will be repealed at a later date.]
(b) the enforcement of any law of Canada, a province or a foreign jurisdiction, an investigation relating to the enforcement of any such law or the gathering of intelligence for the purpose of enforcing any such law.
(2.4) Despite clause 4.9 of Schedule 1, if an organization is notified under subsection (2.3) that the institution or part objects to the organization complying with the request, the organization
(a) shall refuse the request to the extent that it relates to paragraph (2.1)(a) or to information referred to in subparagraph (2.1)(a)(ii);
(b) shall notify the Commissioner, in writing and without delay, of the refusal; and
(c) shall not disclose to the individual
(i) any information that the organization has relating to a disclosure to a government institution or a part of a government institution under paragraph 7(3)(c), subparagraph 7(3)(c.1)(i) or (ii) or paragraph 7(3)(c.2) or (d) or to a request made by a government institution under either of those subparagraphs,
(ii) that the organization notified an institution or part under paragraph (2.2)(a) or the Commissioner under paragraph (b), or
(iii) that the institution or part objects.
Marginal note:When access may be refused
(3) Despite the note that accompanies clause 4.9 of Schedule 1, an organization is not required to give access to personal information only if
(a) the information is protected by solicitor-client privilege;
(b) to do so would reveal confidential commercial information;
(c) to do so could reasonably be expected to threaten the life or security of another individual;
(c.1) the information was collected under paragraph 7(1)(b);
(d) the information was generated in the course of a formal dispute resolution process; or
(e) the information was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
However, in the circumstances described in paragraph (b) or (c), if giving access to the information would reveal confidential commercial information or could reasonably be expected to threaten the life or security of another individual, as the case may be, and that information is severable from the record containing any other information for which access is requested, the organization shall give the individual access after severing.
(4) Subsection (3) does not apply if the individual needs the information because an individual’s life, health or security is threatened.
(5) If an organization decides not to give access to personal information in the circumstances set out in paragraph (3)(c.1), the organization shall, in writing, so notify the Commissioner, and shall include in the notification any information that the Commissioner may specify.
- 2000, c. 5, s. 9, c. 17, s. 97;
- 2001, c. 41, s. 82;
- 2005, c. 46, s. 57;
- 2006, c. 9, s. 223.
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