Difference between revisions of "Privacy or Access to Information for Public Complaints (5:IV)"
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Certain classes of information are exempt from the Act. These include confidential inter-governmental communications, information pertaining to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest. | Certain classes of information are exempt from the Act. These include confidential inter-governmental communications, information pertaining to law enforcement and investigations, trade secrets, personal information, and generally anything likely to be harmful to Canada’s security interest. | ||
On June 21, 2019, an Act to amend the ''Access to Information Act and the Privacy Act'' received Royal Assent | On June 21, 2019, an Act to amend the ''Access to Information Act and the Privacy Act'' received Royal Assent. Under the amended Act, a federal institution may decline to act on a request to access to a record for various reasons if approved by the Information Commissioner. In addition to this change, the amended Act clarifies the power of the Information Commissioner regarding the authority to refuse or cease to investigate and to examine disclosure subjected to solicitor-client privilege or professional secrecy | ||
'''NOTE:''' In the Supreme Court of Canada decision in ''Ontario (Public Safety and Security) v Criminal Lawyers’ Association'', 2010 SCC 23, the Court held that the guarantee of freedom of expression under subsection 2(b) of the ''Charter'' does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''Irwin Toy Ltd v Quebec (Attorney General)'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'', RSO 1990, c F.31. See both of these cases for more detailed information. | '''NOTE:''' In the Supreme Court of Canada decision in ''[https://www.canlii.org/en/ca/scc/doc/2010/2010scc23/2010scc23.html?autocompleteStr=Criminal%20Lawyers’%20Association%20v%20Ontario%20(Public%20Safety%20and%20Security)%2C%202010%20SCC%2023&autocompletePos=1 Ontario (Public Safety and Security) v Criminal Lawyers’ Association]'', 2010 SCC 23, the Court held that the guarantee of freedom of expression under subsection 2(b) of the ''Charter'' does not guarantee access to all documents in government hands. In that case, the Court adopted the test for whether freedom of expression was infringed found in ''[https://www.canlii.org/en/ca/scc/doc/1989/1989canlii87/1989canlii87.html?resultIndex=1 Irwin Toy Ltd v Quebec (Attorney General)]'', [1989] 1 SCR 927, and determined that freedom of expression was not infringed by the ''Freedom of Information and Protection of Privacy Act'', RSO 1990, c F.31. See both of these cases for more detailed information. | ||
The procedure for obtaining a government record is as follows: | The procedure for obtaining a government record is as follows: | ||
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| address = 30 Victoria Street <br /> Gatineau, QC K1A 1H3 | | address = 30 Victoria Street <br /> Gatineau, QC K1A 1H3 | ||
| phone = Toll-free: 1-800-267-0441 <br /> Fax: (819) 994-1768 | | phone = Toll-free: 1-800-267-0441 <br /> Fax: (819) 994-1768 | ||
| online = [http://www.oic-ci.gc.ca/eng/ Website] <br /> E-mail: | | online = [http://www.oic-ci.gc.ca/eng/ Website] <br /> E-mail: greffe-registry@oic-ci.gc.ca | ||
}} | }} | ||
A complaint must be made within 60 days from the date that you received a response to your request. | A complaint must be made within 60 days from the date that you received a response to your request. | ||
The Information Commissioner investigates complaints in private, and each party has the right to make representations. Similar to an Ombudsperson, the Commissioner can only make recommendations, and cannot directly compel the release of information. However, | The Information Commissioner investigates complaints in private, and each party has the right to make representations. Similar to an Ombudsperson, the Commissioner can only make recommendations, and cannot directly compel the release of information. However, they can take the institution to Federal Court to compel the release of the information. The Commissioner is not obligated to take on a case, and if they refuse to do so, there is no right to appeal this refusal. | ||
*NOTE: It is helpful to check to see if the organization you are requesting information about has a form of its own. It would cut down on time for the form to go directly to the organization. | *NOTE: It is helpful to check to see if the organization you are requesting information about has a form of its own. It would cut down on time for the form to go directly to the organization. | ||