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

Act current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

Marginal note: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.

  • Marginal note:Where investigation made

    (2) Any report made pursuant to subsection (1) that relates to an investigation under this Act shall be made only after the procedures set out in section 37 have been followed in respect of the investigation.

  • 1980-81-82-83, c. 111, Sch. I “39”.
Marginal note: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.

  • Marginal note:Reference to Parliamentary committee

    (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of subsection 75(1).

  • 1980-81-82-83, c. 111, Sch. I “40”.

REVIEW BY THE FEDERAL COURT

Marginal note:Review by Federal Court

41. Any person who has been refused access to a record requested under this Act or a part thereof may, if a complaint has been made to the Information Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Information Commissioner are reported to the complainant under subsection 37(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow.

  • 1980-81-82-83, c. 111, Sch. I “41”.
Marginal note:Information Commissioner may apply or appear

  • 42. (1) The Information Commissioner may

    • (a) apply to the Court, within the time limits prescribed by section 41, for a review of any refusal to disclose a record requested under this Act or a part thereof in respect of which an investigation has been carried out by the Information Commissioner, if the Commissioner has the consent of the person who requested access to the record;

    • (b) appear before the Court on behalf of any person who has applied for a review under section 41; or

    • (c) with leave of the Court, appear as a party to any review applied for under section 41 or 44.

  • Marginal note:Applicant may appear as party

    (2) Where the Information Commissioner makes an application under paragraph (1)(a) for a review of a refusal to disclose a record requested under this Act or a part thereof, the person who requested access to the record may appear as a party to the review.

  • 1980-81-82-83, c. 111, Sch. I “42”.