Privacy or Access to Information for Public Complaints (5:IV): Difference between revisions

Jump to navigation Jump to search

Privacy or Access to Information for Public Complaints (5:IV) (view source)

Revision as of 20:54, 14 August 2024

19 bytes added ,  14 August
→‎3. Access to Information Act
Line 56: Line 56:
=== 3. Access to Information Act ===
=== 3. Access to Information Act ===


This Act gives Canadian citizens, permanent residents and any individual present or corporation in Canada the right to access any record under the control of a federal government institution.
This Act gives Canadian citizens, permanent residents and any individual or corporation present in Canada the right to access any record under the control of a federal government institution.


If you are seeking to obtain information about an individual person, see section IV.D.2 on the application of the ''Privacy Act''.  
If you are seeking to obtain information about an individual person, see section IV.D.2 of this chapter on the application of the ''Privacy Act''.  


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 national 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 national security interest.  
Line 69: Line 69:
#Go to http://canada.justice.gc.ca/eng/trans/atip-aiprp for the Access to Information and Privacy website, which offers a brochure about using the ''Act'', online access to Info Source, and online forms.  Alternatively, any public library provides the same information.  Info Source is a directory that describes each federal government institution and the information it holds, as well as the title and address of the appropriate officer to whom requests should be sent.
#Go to http://canada.justice.gc.ca/eng/trans/atip-aiprp for the Access to Information and Privacy website, which offers a brochure about using the ''Act'', online access to Info Source, and online forms.  Alternatively, any public library provides the same information.  Info Source is a directory that describes each federal government institution and the information it holds, as well as the title and address of the appropriate officer to whom requests should be sent.
#Formally request the records by sending in the online or printed request forms, or by sending a letter. These options are available under “Options for Submitting an ATIP Request”. Be as specific as possible citing subject, dates, events, and individuals.  Enclose a $5.00 payment, but ask that this and any other fees be waived on the grounds that the release of records would be of “general public benefit” or that similar information has been released in the past.  Note: Requests for information under the ''Privacy Act'' do not require a fee.
#Formally request the records by sending in the online or printed request forms, or by sending a letter. These options are available under “Options for Submitting an ATIP Request”. Be as specific as possible citing subject, dates, events, and individuals.  Enclose a $5.00 payment, but ask that this and any other fees be waived on the grounds that the release of records would be of “general public benefit” or that similar information has been released in the past.  Note: Requests for information under the ''Privacy Act'' do not require a fee.
#Once the institution receives a request, it has 30 days to give notice of whether access will be given.  Senior officials can extend this time limit if they give notice of extension.  If third parties are involved, the time limit is 80 days. If access is refused, they must inform the person making the request of the right to make a complaint to the Information Commissioner.
#Once the institution receives a request, it has 30 days to give notice of whether access will be given.  Senior officials can extend this time limit if they give notice of extension.  If third parties are involved, the time limit is 80 days.  
#If the request is refused, they must inform the person making the request of the right to make a complaint to the Information Commissioner.


It can take up to one year to receive records to which access is given. There is no meaningful redress for delays of this nature.   
It can take up to one year to receive records to which access is given. There is no meaningful redress for delays of this nature.   
:'''NOTE:''' The federal government has introduced changes to the ''Access to Information Act'' which will strengthen the powers of the Information Commissioner to make binding orders to government institutions. 


Complaints should be sent in writing to:  
Complaints should be sent in writing to:  
Line 85: Line 85:
}}
}}


A complaint must be made within 60 days from the date that you received a response to your request.  
:'''NOTE: A complaint must be made within 60 days from the date that you received a response to your request.''' There are '''no exceptions''' to this deadline. The ''Act'' does not give the Information Commissioner any discretion to accept complaints after more than 60 days.


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.  
The Information Commissioner investigates complaints in private, and each party has the right to make representations. As a result of the 2019 amendments to the ''Act'', the Information Commissioner gained substantial investigative powers (Section 36(1)) as well as the power to make binding orders following an investigation requiring the government to disclose records (Section 36.1). 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.
There is, however, a right to appeal the original denial of access; this appeal must be made to the Federal Court within '''30 days''' of the decision of the Information Commissioner (s 41(1)). In court, the burden of proof is on the government to show that the information must be withheld.


There is, however, a right to appeal the original denial of access; this appeal must be made to the Federal Court within '''30 days''' of the decision of the Information Commissioner (s 41(1)). In court, the burden of proof is on the government to show that the information must be withheld.
:'''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.


== E. Federal Personal Information Protection and Electronic Documents Act ==
== E. Federal Personal Information Protection and Electronic Documents Act ==
LSLAP
6,151

edits

Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/58663"

Navigation menu