Orders and Reports

Marginal note:Power to make order

• 36.1 (1) If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made

  • (a) to disclose the record or a part of the record; and

  • (b) to reconsider their decision to refuse access to the record or a part of the record.

• Marginal note:Limitation

  (2) The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3).

• Marginal note:Condition

  (3) The order may include any condition that the Information Commissioner considers appropriate.

• Marginal note:Effect

  (4) The order takes effect on

  • (a) the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or

  • (b) the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report.

• Marginal note:Deemed date of receipt

  (5) 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.

Marginal note:Consulting Privacy Commissioner

36.2 If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the head of the institution refuses to disclose under subsection 19(1), the Information Commissioner shall consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.

Marginal note:Notice to third parties

• 36.3 (1) If the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that the Commissioner has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the Commissioner shall make every reasonable effort to give the third party written notice of the Commissioner’s intention.

• Marginal note:Contents of notice

  (2) The notice must include

  • (a) a statement that the Information Commissioner intends to make an order requiring the head of a government institution to disclose a record or a part of a record that might contain material or information described in subsection (1);

  • (b) a description of the contents of the record or the part of the record that, as the case may be, belong to, were supplied by or relate to the third party to whom the notice is given; and

  • (c) a statement that the third party may, within 20 days after the notice is given, make representations to the Commissioner as to why the record or the part of the record should not be disclosed.