Access to Information Regulations (SOR/83-507)

Regulations are current to 2013-04-29 and last amended on 2010-06-17. Previous Versions

Access to Information Regulations

SOR/83-507

ACCESS TO INFORMATION ACT

Registration 1983-06-03

Regulations Respecting Access to Information

P.C. 1983-1667 1983-06-02

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice and the Treasury Board, pursuant to subsection 77(1) of the Access to Information ActFootnote *, is pleased hereby to make the annexed Regulations respecting access to information.

SHORT TITLE

1. These Regulations may be cited as the Access to Information Regulations.

INTERPRETATION

2. In these Regulations,

“Access to Information Request Form”

“Access to Information Request Form” means the form prescribed by the designated Minister pursuant to paragraph 70(1)(b) of the Act for the purpose of requesting access to records under the control of a government institution; (formule de demande d’accès à l’information)

“Act”

“Act” means the Access to Information Act; (Loi)

“appropriate officer”

“appropriate officer” means the officer of a government institution whose title and address is published pursuant to paragraph 5(1)(d) of the Act. (fonctionnaire compétent)

LIMITATION ON PRODUCTION OF RECORDS

3. For the purpose of subsection 4(3) of the Act, a record that does not exist but can be produced from a machine readable record under the control of a government institution need not be produced where the production thereof would unreasonably interfere with the operations of the institution.

PROCEDURES

4. A request for access to a record under the Act shall be made by forwarding to the appropriate officer of the government institution that has control of the record, together with the required application fee,

  • (a) a completed Access to Information Request Form; or

  • (b) a written request that provides sufficient detail to enable the officer to identify the record.

  • SOR/85-395, s. 1;
  • SOR/93-114, s. 1(F).

5. Where access to a record is to be given to a person under the Act, the head of the government institution that has control of the record shall, where appropriate, forthwith inform the person

  • (a) that the record may be examined by that person in order to save the cost of reproduction of the record;

  • (b) that the person may specify that he requires only certain parts of the record to be reproduced;

  • (c) of any amount required to be paid as a deposit before the search or production of the record is undertaken or the record is prepared for disclosure;

  • (d) of the estimated total cost of the search for the record and preparation of the record for disclosure; and

  • (e) of any amount required to be paid before access is given to the record including the cost of production or reproduction.

TRANSFER OF REQUEST

  • 6. (1) The head of a government institution may, within 15 days after a request for access to a record is received by the institution, transfer the request to another government institution as provided in subsection 8(1) of the Act, on condition that the head of the other government institution consents to process the request within the time limit set out for such a request in the Act.

  • (2) A request that has been transferred under subsection (1) shall not be transferred to a third government institution.