Access to Information Act

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) where the Information Commissioner intends to recommend under subsection 37(1) that a record or a part thereof be disclosed that contains or that the Information Commissioner has reason to believe might contain

    • (i) trade secrets of a third party,

    • (ii) information described in paragraph 20(1)(b) that was supplied by a third party, or

    • (iii) information the disclosure of which the Information Commissioner could reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party,

    the third party, if the third party can reasonably be located,

  but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Commissioner by any other person.