Legislation comparison

In this Act,

        (a) Adjudicator means a person designated under section 75;

        (b) Applicant means a person who makes a request for access to a record under section 7(1);

                (b.1) Biometric information means information derived from an individual’s unique measurable characteristics;

        (c) Commissioner means the Information and Privacy Commissioner appointed under Part 4;

        (d) Educational body means

                (i) a university as defined in the Post-secondary Learning Act,

                (ii) a polytechnic institution as defined in the Post-secondary Learning Act,

                (iii) a comprehensive community college as defined in the Post-secondary Learning Act,

                (iv) Banff Centre as defined in the Post-secondary Learning Act,

                (v) a board as defined in the Education Act,

                (vi) a charter school as defined in the Education Act, or

                (vii) a Francophone regional authority as defined in the Education Act;

        (e) Employee, in relation to a public body, includes a person who performs a service for the public body as an appointee, volunteer or student or under a contract or agency relationship with the public body;

        (f) Head, in relation to a public body, means

                (i) if the public body is a department, branch or office of the Government of Alberta, the member of the Executive Council who presides over it,

                (ii) if the public body is an agency, board, commission, corporation, office or other body designated as a public body in the regulations, the person designated by the member of the Executive Council responsible for that body to act as the head of that body or, if a head is not so designated, the person who acts as the chief officer and is charged with the administration and operation of that body,

                (iii) if the public body is a local public body, the person or group of persons designated under section 95

        (a) as the head, and

                (iv) in any other case, the chief officer of the public body;

        (g) Health care body means

                (i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is

        (A) owned or operated by a regional health authority under the Regional Health Authorities Act, or

        (B) repealed 2008 cH-4.3 s15,

                (ii) the operator of a nursing home as defined in the Nursing Homes Act other than a nursing home that is owned and operated by a regional health authority under the Regional Health Authorities Act,

(ii.i) the Health Quality Council of Alberta,

                (iii) a provincial health board established under the Regional Health Authorities Act,

                (iv) repealed 2008 cH-4.3 s15,

                (v) a regional health authority under the Regional Health Authorities Act,

                (vi) a community health council established under the Regional Health Authorities Act, or

                (vii) a subsidiary health corporation as defined in the Regional Health Authorities Act;

        (h) Law enforcement means

                (i) policing, including criminal intelligence operations,

                (ii) a police, security or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, or

                (iii) proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings or by another body to which the results of the proceedings are referred;

                (i) Local government body means

                (i) a municipality as defined in the Municipal Government Act,

                (ii) an improvement district under the Municipal Government Act,

                (iii) a special area as defined in the Special Areas Act,

                (iv) a regional services commission under Part 15.1 of the Municipal Government Act,

(iv.1) a growth management board under Part 17.1 of the Municipal Government Act,

                (v) a board established under the Drainage Districts Act,

                (vi) a board established under the Irrigation Districts Act,

                (vii) a management body established under the Alberta Housing Act,

                (viii) a Metis settlement established under the Metis Settlements Act,

                (ix) the Metis Settlements General Council established under the Metis Settlements Act,

        (x) any

        (A) commission,

        (B) police service, or

        (C) policing committee, as defined in the Police Act,

                (xi) any municipal library board, library system board, federation board or intermunicipal library board continued or established under the Libraries Act, or

                (xii) any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in subclauses (i) to (xi) and all the members or officers of which are appointed or chosen by that body, but does not include EPCOR Utilities Inc. or ENMAX Corporation or any of their respective subsidiaries

        (A) that own a gas utility as defined in the Gas Utilities Act,

        (B) that own a generating unit, transmission facility or electric distribution system as defined in the Electric Utilities Act, or

        (C) whose primary business activity consists of providing electricity services as defined in the Electric Utilities Act;

        (j) Local public body means

                (i) an educational body,

                (ii) a health care body, or

                (iii) a local government body;

        (k) Minister means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

        (l) Offence means an offence under an enactment of Alberta or Canada;

        (m) Officer of the legislature means the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner, the Information and Privacy Commissioner, the Child and Youth Advocate or the Public Interest Commissioner;

        (n) Personal information means recorded information about an identifiable individual, including

                (i) the individual’s name, home or business address or home or business telephone number,

                (ii) the individual’s race, national or ethnic origin, colour or religious or political beliefs or associations,

                (iii) the individual’s age, sex, marital status or family status,

                (iv) an identifying number, symbol or other particular assigned to the individual,

                (v) the individual’s fingerprints, other biometric information, blood type, genetic information or inheritable characteristics,

                (vi) information about the individual’s health and health care history, including information about a physical or mental disability,

                (vii) information about the individual’s educational, financial, employment or criminal history, including criminal records where a pardon has been given,

                (viii) anyone else’s opinions about the individual, and

                (ix) the individual’s personal views or opinions, except if they are about someone else;

        (o) Prescribed means prescribed by the regulations;

        (p) Public body means

                (i) a department, branch or office of the Government of Alberta,

                (ii) an agency, board, commission, corporation, office or other body designated as a public body in the regulations,

                (iii) the Executive Council Office,

                (iv) the office of a member of the Executive Council,

                (v) the Legislative Assembly Office,

                (vi) the office of the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner, the Information and Privacy Commissioner, the Child and Youth Advocate or the Public Interest Commissioner, or

                (vii) a local public body, but does not include

                (viii) the office of the Speaker of the Legislative Assembly and the office of a Member of the Legislative Assembly, or

                (ix) the Court of Appeal of Alberta, the Court of King’s Bench of Alberta or The Provincial Court of Alberta;

        (q) Record means a record of information in any form and includes notes, images, audiovisual recordings, x-rays, books, documents, maps, drawings, photographs, letters, vouchers and papers and any other information that is written, photographed, recorded or stored in any manner, but does not include software or any mechanism that produces records;

        (r) Third party means a person, a group of persons or an organization other than an applicant or a public body;

        (s) Trade secret means information, including a formula, pattern, compilation, program, device, product, method, technique or process

                (i) that is used, or may be used, in business or for any commercial purpose,

                (ii) that derives independent economic value, actual or potential, from not being generally known to anyone who can obtain economic value from its disclosure or use,

                (iii) that is the subject of reasonable efforts to prevent it from becoming generally known, and

                (iv) the disclosure of which would result in significant harm or undue financial loss or gain.

The purposes of this act are:

        (a) to allow any person a right of access to the records in the custody or under the control of a public body subject to limited and specific exceptions as set out in this Act,

        (b) to control the manner in which a public body may collect personal information from individuals, to control the use that a public body may make of that information and to control the disclosure by a public body of that information,

        (c) to allow individuals, subject to limited and specific exceptions as set out in this Act, a right of access to personal information about themselves that is held by a public body,

        (d) to allow individuals a right to request corrections to personal information about themselves that is held by a public body, and

        (e) to provide for independent reviews of decisions made by public bodies under this Act and the resolution of complaints under this Act.

This Act

        (a) is in addition to and does not replace existing procedures for access to information or records,

        (b) does not affect access to records

                (i) deposited in the Provincial Archives of Alberta, or

                (ii) deposited in the archives of a public body that were unrestricted before the coming into force of this Act,

        (c) does not limit the information otherwise available by law to a party to legal proceedings,

        (d) does not affect the power of any court or tribunal in Canada to compel a witness to testify or to compel the production of documents, and

        (e) does not prohibit the transfer, storage or destruction of a record

                (i) in accordance with an enactment of Alberta or Canada, or

                (ii) in accordance with a bylaw, resolution or other legal instrument by which a local public body acts or, if a local public body does not have a bylaw, resolution or other legal instrument in respect of the transfer, storage or destruction of a record, as authorized by the governing body of the local public body.

This Act may be cited as The Freedom of Information and Protection of Privacy Act.

1) In this Act:

        (a) Applicant means a person who makes an application for access to a record pursuant to section 6;

        (b) Commissioner means the Information and Privacy Commissioner appointed pursuant to Part VI and includes any acting commissioner appointed pursuant to that Part;

                (b.1) Employee of a government institution means an individual employed by a government institution and includes an individual retained under a contract to perform services for the government institution;

                (c) Fiscal year means the period commencing on April 1 in one year and ending on March 31 in the following year;

                (d) Government institution means, subject to subsection (2):

                (i) the office of Executive Council or any department, secretariat or other

similar agency of the executive government of Saskatchewan; or

                (ii) any prescribed board, commission, Crown corporation or other body, or any prescribed portion of a board, commission, Crown corporation or other body, whose members or directors are appointed, in whole or in part:

                        (A) by the Lieutenant Governor in Council;

                        (B) by a member of the Executive Council; or

                (C) in the case of:

                (I) a board, commission or other body, by a Crown corporation; or

                (II) a Crown corporation, by another Crown corporation;

        (e) Head means:

                (i) in the case of an agency mentioned in subclause (d)(i), the member of the Executive Council responsible for the administration of the agency; and

                (ii) in the case of a board, commission, Crown corporation or body mentioned in subclause (d)(ii), the prescribed person;

                (e.1) Information management service provider means a person who or body that:

                (i) processes, stores, archives or destroys records of a government institution containing personal information; or

                (ii) provides information management or information technology services to a government institution with respect to records of the government institution containing personal information;

        (f) Minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned;

        (g) Personal information means personal information within the meaning of section 24;

        (h) Prescribed means prescribed in the regulations;

                (i) Record means a record of information in any form and includes informa- tion that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records;

        (j) Third party means a person, including an unincorporated entity, other than an applicant or a government institution.

(2) Government institution does not include:

        (a) a corporation the share capital of which is owned in whole or in part by a person other than the Government of Saskatchewan or an agency of it;

        (b) the Legislative Assembly Service or, subject to subsections 3(3) and (4),

offices of members of the Assembly or members of the Executive Council; or

                (c) the Court of Appeal, the Court of Queen’s Bench or the Provincial Court of Saskatchewan.

In this Act,

Adjudicator means the Information and Privacy Adjudicator appointed under section 58.1; (« arbitre »)

Applicant means a person who makes a request for access to a record under section 8; (« auteur de la demande »)

Cabinet means the Executive Council appointed under The Executive Government Organization Act, and includes a committee of the Executive Council; (« Cabinet »)

Complaint includes a complaint initiated by the Ombudsman under subsection 59(5); (« plainte »)

Court, for the purpose of an appeal under section 67 or 68, means the Court of King’s Bench; (« tribunal »)

Department means a department, branch or office of the executive government of the province; (« ministère »)

Educational body means

        (a) a school division or school district established under The Public Schools Act,

        (b) The University of Manitoba,

        (c) The University of Winnipeg,

                (c.1) Brandon University,

                (c.2) University College of the North,

                (c.3) Université de Saint-Boniface,

                (c.4) St. Paul’s College,

                (c.5) St. John’s College,

        (d) a college as defined in section 1 of The Advanced Education Administration Act, and

        (e) any other body designated as an educational body in the regulations; (« organisme d’éducation »)

Employee, in relation to a public body, includes a person who performs services for the public body under a contract or agency relationship with the public body; (« employé »)

Enactment means an Act or regulation; (« texte »)

Government agency means

        (a) any board, commission, association, agency, or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors or governing board of which, are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, and

        (b) any other body designated as a government agency in the regulations; (« organisme gouvernemental »)

Head, in relation to a public body, means

        (a) in the case of a department, the minister who presides over it,

        (b) in the case of an incorporated government agency, its chief executive officer, or the individual who is responsible for performing functions similar to those normally performed by the chief executive officer of a corporation,

        (c) in the case of an unincorporated government agency, the minister who is charged by the Lieutenant Governor in Council with the administration of the Act under which the agency is established or who is otherwise responsible for the agency, and

        (d) in any other case, the person or group of persons designated under section 80 or the regulations as the head of the public body; (« responsable d’organisme public »)

Health care body means

        (a) a hospital designated under The Health Services Insurance Act,

        (b) a health authority as defined in The Health System Governance and Accountability Act,

        (c) the board of a health and social services district established under The District Health and Social Services Act, and

        (d) [repealed] S.M. 2017, c. 34, s. 18,

        (e) any other body designated as a health care body in the regulations; (« organisme de soins de santé »)

Information manager means a person or body that

        (a) processes, stores or destroys personal information for a public body, or

        (b) provides information management or information technology services to a public body; (« gestionnaire de l’information »)

Judicial administration record means a record containing information relating to a judge, master or justice of the peace, including information relating to

        (a) the scheduling of judges, hearings and trials,

        (b) the content of judicial training programs,

        (c) statistics of judicial activity prepared by or for a judge,

        (d) a judicial directive, and

        (e) any record of the Judicial Inquiry Board, the Judicial Council established under The Provincial Court Act or the Masters Judicial Council or a hearing judge under The Court of King’s Bench Act; (« document judiciaire »)

Law enforcement means any action taken for the purpose of enforcing an enactment, including

        (a) policing,

        (b) investigations or inspections that lead or could lead to a penalty or sanction being imposed, or that are otherwise conducted for the purpose of enforcing an enactment, and

        (c) proceedings that lead or could lead to a penalty or sanction being imposed, or that are otherwise conducted for the purpose of enforcing an enactment; (« exécution de la loi »)

Local government body means

        (a) The City of Winnipeg,

        (b) a municipality,

        (c) a local government district,

        (d) a council of a community under The Northern Affairs Act,

        (e) a planning region or planning established under The Planning Act,

        (f) a watershed district established or continued under The Watershed Districts Act,

        (g) any other body designated as a local government body in the regulations; (« organisme d’administration locale »)

Local public body means

        (a) an educational body,

        (b) a health care body, and

        (c) a local government body; (« organisme public local »)

Minister means a member of Cabinet; (« ministre »)

Officer of the legislative assembly means the Speaker of the Legislative Assembly, the Clerk of the Legislative Assembly, the Chief Electoral Officer, the Ombudsman, the Advocate for Children and Youth, the Auditor General, the registrar appointed under The Lobbyists Registration Act, the Information and Privacy Adjudicator appointed under this Act, and the commissioner appointed under The Legislative Assembly and Executive Council Conflict of Interest Act; (« fonctionnaire de l’Assemblée législative »)

Ombudsman means the Ombudsman appointed under The Ombudsman Act; (« ombudsman »)

Personal health information means recorded information about an identifiable individual that relates to

        (a) the individual’s health, or health care history, including genetic information about the individual,

        (b) the provision of health care to the individual, or

        (c) payment for health care provided to the individual,

and includes

        (d) the PHIN as defined in The Personal Health Information Act and any other identifying number, symbol or particular assigned to an individual, and

        (e) any identifying information about the individual that is collected in the course of, and is incidental to, the provision of health care or payment for health care; (« renseignements médicaux personnels »)

Personal information means recorded information about an identifiable individual, including

        (a) the individual’s name,

        (b) the individual’s address, telephone or facsimile number or e-mail address,

        (c) information about the individual’s age, sex, sexual orientation, marital or family status,

        (d) information about the individual’s ancestry, race, colour, nationality, or national or ethnic origin,

        (e) information about the individual’s religion or creed, or religious belief, association or activity,

        (f) personal health information about the individual,

        (g) the individual’s blood type, fingerprints or other hereditary characteristics,

        (h) information about the individual’s political belief, association or activity,

                (i) information about the individual’s education, employment or occupation, or educational, employment or occupational history,

        (j) information about the individual’s source of income or financial circumstances, activities or history,

        (k) information about the individual’s criminal history, including regulatory offences,

        (l) the individual’s own personal views or opinions, except if they are about another person,

        (m) the views or opinions expressed about the individual by another person, and

        (n) an identifying number, symbol or other particular assigned to the individual; (« renseignements personnels »)

Public body means

        (a) a department,

        (b) a government agency,

        (c) the Executive Council Office,

        (d) the office of a minister, and

        (e) a local public body,

but does not include

        (f) the office of a Member of the Legislative Assembly who is not a minister,

        (g) the office of an officer of the Legislative Assembly, or

        (h) The Court of Appeal, the Court of King’s Bench or the Provincial Court; (« organisme public »)

Record means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records; (« document »)

Responsible minister means the minister charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre responsable »)

Third party means a person, group of persons or an organization other than the applicant or a public body. (« tiers »)

For the purpose of the definition Personal health information, Health and Health care have the same meaning as in The Personal Health Information Act.

The purposes of this Act are

        (a) to allow any person a right of access to records in the custody or under the control of public bodies, subject to the limited and specific exceptions set out in this Act;

        (b) to allow individuals a right of access to records containing personal information about themselves in the custody or under the control of public bodies, subject to the limited and specific exceptions set out in this Act;

        (c) to allow individuals a right to request corrections to records containing personal information about themselves in the custody or under the control of public bodies;

        (d) to control the manner in which public bodies may collect personal information from individuals and to protect individuals against unauthorized use or disclosure of personal information by public bodies; and

        (e) to provide for an independent review of the decisions of public bodies under this Act and for the resolution of complaints under this Act.

The purposes of this Act are,

        (a) to provide a right of access to information under the control of institutions in accordance with the principles that,

                (i) information should be available to the public,

                (ii) necessary exemptions from the right of access should be limited and specific, and

                (iii) decisions on the disclosure of government information should be reviewed independently of government; and

        (b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information. R.S.O. 1990, c. F.31, s. 1.

(1) This Act applies to the Assembly, but only in respect of records of reviewable expenses of the Opposition leaders and the persons employed in their offices and in respect of the personal information contained in those records. 2002, c. 34, Sched. B, s. 2.

Same

(2) Sections 11, 31, 32, 33, 34, 36, 44, 45 and 46 do not apply with respect to the Assembly. 2002, c. 34, Sched. B, s. 2.

Definitions

(3) In this section,

Opposition leader has the same meaning as in section 1 of the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002; (Chef d’un parti de l’opposition)

Reviewable expense means a reviewable expense as described in section 3 of the Cabinet Ministers’ and Opposition Leaders’ Expenses Review and Accountability Act, 2002. (Dépense sujette à examen) 2002, c. 34, Sched. B, s. 2.

In this Act,

Close relative means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, including by adoption; (Proche parent)

Ecclesiastical records means the operational, administrative and theological records, including records relating to the practice of faith, of a church or other religious organization; (Documents ecclésiastiques)

Educational institution means an institution that is a college of applied arts and technology or a university; (Établissement d’enseignement)

Head, in respect of an institution, means,

(0.a) in the case of the Assembly, the Speaker,

        (a) in the case of a ministry, the minister of the Crown who presides over the ministry,

                (a.1) in the case of a public hospital, the chair of the board of the hospital,

                (a.2) in the case of a private hospital, the superintendent,

                (a.3) in the case of the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa, the Chair of the board, and

        (b) in the case of any other institution, the person designated as head of that institution in the regulations; (Personne responsable)

Hospital means,

        (a) a public hospital,

        (b) a private hospital, and

                (c) the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa; (Hôpital)

Information and privacy commissioner and Commissioner mean the Commissioner appointed under subsection 4 (2); (Commissaire à l’information et à la protection de la vie privée, Commissaire)

Institution means,

(0.a) the Assembly,

        (a) a ministry of the Government of Ontario,

                (a.1) a service provider organization within the meaning of section 17.1 of the Ministry of Government Services Act,

                (a.2) a hospital, and

        (b) any agency, board, commission, corporation or other body designated as an institution in the regulations; (Institution)

Law enforcement means,

        (a) policing,

        (b) investigations or inspections that lead or could lead to proceedings in a court or tribunal if a penalty or sanction could be imposed in those proceedings, or

                (c) the conduct of proceedings referred to in clause (b); (Exécution de la loi)

Personal information means recorded information about an identifiable individual, including,

        (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual,

        (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,

                (c) any identifying number, symbol or other particular assigned to the individual,

                (d) the address, telephone number, fingerprints or blood type of the individual,

        (e) the personal opinions or views of the individual except where they relate to another individual,

        (f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence,

        (g) the views or opinions of another individual about the individual, and

        (h) the individual’s name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; (Renseignements personnels)

Personal information bank means a collection of personal information that is organized and capable of being retrieved using an individual’s name or an identifying number or particular assigned to the individual; (Banque de renseignements personnels)

Private hospital means a private hospital within the meaning of the Private Hospitals Act; (Hôpital privé)

Public hospital means a hospital within the meaning of the Public Hospitals Act; (Hôpital public)

Recognized party has the same meaning as in subsection 62 (5) of the Legislative Assembly Act; (Parti reconnu)

Record means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes,

        (a) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof, and

        (b) subject to the regulations, any record that is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution; (Document)

Personal information

(2) Personal information does not include information about an individual who has been dead for more than thirty years. R.S.O. 1990, c. F.31, s. 2 (2).

Business identity information, etc.

(3) Personal information does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity. 2006, c. 34, Sched. C, s. 2.

Same

(4) For greater certainty, subsection (3) applies even if an individual carries out business, professional or official responsibilities from their dwelling and the contact information for the individual relates to that dwelling. 2006, c. 34, Sched. C, s. 2.

Regulations means the regulations made under this Act; (Règlements)

Responsible minister means the minister of the Crown who is designated by order of the Lieutenant Governor in Council under section 3; (Ministre responsable)

Spouse means,

        (a) a spouse as defined in section 1 of the Family Law Act, or

        (b) either of two persons who live together in a conjugal relationship outside marriage

The purposes of this Act are,

        (a) to provide a right of access to information under the control of institutions in accordance with the principles that,

                (i) information should be available to the public,

                (ii) necessary exemptions from the right of access should be limited and specific, and

                (iii) decisions on the disclosure of information should be reviewed independently of the institution controlling the information; and

        (b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information.

(1) In this Act,

Close relative means a parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece, including by adoption; (Proche parent)

Head, in respect of an institution, means the individual or body determined to be head under section 3; (Personne responsable)

Information and privacy commissioner and Commissioner mean the Commissioner appointed under subsection 4 (1) of the Freedom of Information and Protection of Privacy Act; (Commissaire à l’information et à la protection de la vie privée, Commissaire)

Institution means,

        (a) a municipality,

        (b) a school board, municipal service board, city board, transit commission, public library board, board of health, police services board, conservation authority, district social services administration board, local services board, planning board, local roads board, police village or joint committee of management or joint board of management established under the Municipal Act, 2001 or the City of Toronto Act, 2006 or a predecessor of those Acts,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) of the definition of Institution in subsection 2 (1) of the Act is amended by striking out Police services board and substituting Police service board. (See: 2019, c. 1, Sched. 4, s. 36)

                (c) any agency, board, commission, corporation or other body designated as an institution in the regulations; (Institution)

Law enforcement means,

        (a) policing,

        (b) investigations or inspections that lead or could lead to proceedings in a court or tribunal if a penalty or sanction could be imposed in those proceedings, or

                (c) the conduct of proceedings referred to in clause (b); (Exécution de la loi)

Minister means the minister designated under section 3 of the Freedom of Information and Protection of Privacy Act as the responsible minister for the purposes of that Act; (Ministre)

Personal information means recorded information about an identifiable individual, including,

        (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual,

        (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,

                (c) any identifying number, symbol or other particular assigned to the individual,

                (d) the address, telephone number, fingerprints or blood type of the individual,

        (e) the personal opinions or views of the individual except if they relate to another individual,

        (f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence,

        (g) the views or opinions of another individual about the individual, and

        (h) the individual’s name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; (Renseignements personnels)

Personal information bank means a collection of personal information that is organized and capable of being retrieved using an individual’s name or an identifying number or particular assigned to the individual; (Banque de renseignements personnels)

Record means any record of information however recorded, whether in printed form, on film, by electronic means or otherwise, and includes,

        (a) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof, and

        (b) subject to the regulations, any record that is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution; (Document)

Regulations means the regulations made under this Act; (Règlements)

Spouse means,

        (a) a spouse as defined in section 1 of the Family Law Act, or

        (b) either of two persons who live together in a conjugal relationship outside marriage. (Conjoint) R.S.O. 1990, c. M.56, s. 2 (1); 1997, c. 25, Sched. E, s. 8; 2000, c. 26, Sched. J, s. 2; 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. N, s. 3 (1); 2006, c. 32, Sched. C, s. 35; 2006, c. 34, Sched. C, s. 13 (1, 2); 2016, c. 23, s. 59; 2021, c. 4, Sched. 11, s. 25.

Personal information

(2) Personal information does not include information about an individual who has been dead for more than thirty years. R.S.O. 1990, c. M.56, s. 2 (2).

Business identity information, etc.

(2.1) Personal information does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity. 2006, c. 34, Sched. C, s. 13 (3).

Same

(2.2) For greater certainty, subsection (2.1) applies even if an individual carries out business, professional or official responsibilities from their dwelling and the contact information for the individual relates to that dwelling. 2006, c. 34, Sched. C, s. 13 (3).

Bodies considered part of municipality

(3) Every agency, board, commission, corporation or other body not mentioned in clause (b) of the definition of Institution in subsection (1) or designated under clause (c) of the definition of Institution in subsection (1) is deemed to be a part of the municipality for the purposes of this Act if all of its members or officers are appointed or chosen by or under the authority of the council of the municipality.

Designation of head

3 (1) The members of the council of a municipality may by by-law designate from among themselves an individual or a committee of the council to act as head of the municipality for the purposes of this Act. R.S.O. 1990, c. M.56, s. 3 (1); 2002, c. 17, Sched. F, Table.

Idem

(2) The members elected or appointed to the board, commission or other body that is an institution other than a municipality may designate in writing from among themselves an individual or a committee of the body to act as head of the institution for the purposes of this Act. R.S.O. 1990, c. M.56, s. 3 (2); 2002, c. 17, Sched. F, Table.

If no designation

(3) If no person is designated as head under this section, the head shall be,

        (a) the council, in the case of a municipality; and

        (b) the members elected or appointed to the board, commission or other body in the case of an institution other than a municipality.

1. This Act applies to documents kept by a public body in the exercise of its duties, whether it keeps them itself or through the agency of a third party.

This Act applies whether the documents are recorded in writing or print, on sound tape or film, in computerized form, or otherwise.

1.1. This Act also applies to documents held by a professional order, to the extent provided by the Professional Code (chapter C-26).

2006, c. 22, s. 1.

2. This Act does not apply to

        (1) the acts and the register of civil status;

        (2) the registers and other documents kept in registry offices for publication purposes;

        (3) (paragraph replaced);

                (3.1) the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1);

        (4) private archives referred to in section 27 of the Archives Act (chapter A‐21.1).

2.1. Access to documents contained in a file respecting the adoption of a person held by a public body and the protection of the personal information contained in such a file are governed by the Civil Code and other legislation respecting adoption.

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 5 of section 123 and the powers contemplated in subparagraph 2 of the first paragraph of section 127 and in section 128.1.

2.2. Access to documents contained in a file held by the Public Curator on a person whom he represents or whose property he administers, and the protection of the personal information contained in such a file, are governed by the Public Curator Act (chapter C-81).

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 6 of section 123 and the powers contemplated in subparagraph 3 of the first paragraph of section 127 and in section 128.1.

3. The Government, the Conseil exécutif, the Conseil du Trésor, the government departments and agencies, municipal and school bodies and the health services and social services institutions are public bodies.

For the purposes of this Act, the Lieutenant-Governor, the National Assembly, agencies whose members are appointed by the Assembly and every person designated by the Assembly to an office under its jurisdiction, together with the personnel under its supervision, are classed as public bodies.

The courts within the meaning of the Courts of Justice Act (chapter T-16) are not public bodies.

4. Government agencies include agencies not contemplated in sections 5 to 7 to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F‐3.1.1), or whose capital stock forms part of the domain of the State.

For the purposes of this Act, the Public Curator is a Government agency to the extent that he holds documents other than those referred to in section 2.2.

For the purposes of this Act, a person appointed by the Government or a minister, together with the personnel he manages, is, in respect of the exercise of the functions assigned to him by law, by the Government or by the Minister, to be a Government agency.

5. Municipal bodies include

        (1) a municipality, a metropolitan community, an intermunicipal board, a public transit authority and the Kativik Regional Government;

        (2) any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed in the majority of members of the council of a municipality;

                (2.1) any body whose board of directors includes at least one elected municipal officer sitting on the board in that capacity and for which a municipality or a metropolitan community adopts or approves the budget or contributes more than half the financing;

        (3) a mixed enterprise company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01) and a similar body established under a private Act, in particular the legal persons constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004.

The James Bay Regional Administration and any delegate organization referred to in section 126.4 of the Municipal Powers Act (chapter C-47.1) are considered municipal bodies for the purposes of this Act.

However, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales (FQM) are not municipal bodies.

6. School bodies include school service centres, regional school boards, the Comité de gestion de la taxe scolaire de l’île de Montréal, institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1), general and vocational colleges and the university institutions mentioned in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E‐14.1).

They also include institutions accredited for purposes of subsidies under the Act respecting private education (chapter E‐9.1) and the persons that operate them, as regards the documents held in the performance of their duties relating to the educational services covered by the accreditation and to the management of the resources assigned to those services.

7. Health and social services institutions include public institutions governed by the Act respecting health services and social services (chapter S-4.2), private institutions governed by that Act which operate with sums of money from the Consolidated Revenue Fund, agencies referred to in that Act and a health communication centre established under the Act respecting pre-hospital emergency services (chapter S-6.2).

Health and social services institutions also include public institutions governed by the Act respecting health services and social services for Cree Native persons (chapter S-5), private institutions governed by that Act which operate with sums of money from the Consolidated Revenue Fund and regional health and social services councils established under that Act.

8. The person exercising the highest authority in a public body shall perform the duties conferred by this Act on the person in charge of access to documents or of protection of personal information.

However, that person may designate a member of the public body or of its board of directors, as the case may be, or a member of its management staff as the person in charge, and delegate all or part of his duties to him.

The delegation must be made in writing, and the delegator must send a notice of it to the Commission d’accès à l’information.

This Act may be cited as the Freedom of Information and Protection of Privacy Act. 1993, c. 5, s. 1.

The purpose of this Act is

        (a) to ensure that public bodies are fully accountable to the public by

                (i) giving the public a right of access to records,

                (ii) giving individuals a right of access to, and a right to correction of, personal information about themselves,

                (iii) specifying limited exceptions to the rights of access,

                (iv) preventing the unauthorized collection, use or disclosure of personal information by public bodies, and

                (v) providing for an independent review of decisions made pursuant to this Act; and

        (b) to provide for the disclosure of all government information with necessary exemptions, that are limited and specific, in order to

                (i) facilitate informed public participation in policy formulation,

                (ii) ensure fairness in government decision-making,

                (iii) permit the airing and reconciliation of divergent views;

                (c) to protect the privacy of individuals with respect to personal information about themselves held by public bodies and to provide individuals with a right of access to that information. 1993, c. 5, s. 2

In this Act,

        (a) Background information means

                (i) any factual material,

                (ii) a public opinion poll,

                (iii) a statistical survey,

                (iv) an appraisal,

                (v) an economic forecast,

                (vi) an environmental-impact statement or similar information,

                (vii) a final report or final audit on the performance or efficiency of a public body or on any of its programs or policies,

                (viii) a consumer test report or a report of a test carried out on a product to test equipment of a public body,

                (ix) a feasibility or technical study, including a cost estimate, relating to a policy or project of a public body,

                (x) a report on the results of field research undertaken before a policy proposal is formulated,

                (xi) a report of an external task force, advisory board or similar body that has been established to consider any matter and make reports or recommendations to a public body, or

                (xii) a plan or proposal to establish a new program or to change a program, if the plan or proposal has been approved or rejected by the head of the public body;

        (b) Employee, in relation to a public body, includes a person retained under an employment contract to perform services for the public body;

                (c) Head, in relation to a public body, means

                (i) where the public body is a department, branch or office of the Government of Nova Scotia, the minister who presides over it,

                (ii) where the public body is a board, commission, foundation, agency, tribunal, association or other body of persons reporting directly to a minister in respect of its day-today operations, the minister,

                (iii) where the public body is a board, commission, foundation, agency, tribunal, association or other body of persons not reporting directly to a minister in respect of its day-to-day operations, the chair or presiding officer of the board, commission, foundation, agency, tribunal, association or other body of persons,

(iiia) where the public body is a local public body, the person or group of persons designated pursuant to Section 49A as the head, or

                (iv) in any other case, the person designated by the regulations as the head of the public body;

(ca) Hospital means any agency, association, board, commission, corporation, office, society or other body that is designated as a hospital pursuant to the Hospitals Act;

                (d) Judicial administration record means a record containing information relating to a judge, including

                (i) a scheduling of judges and trials,

                (ii) content of judicial training programs, and

                (iii) statistics of judicial activity prepared by or for a judge;

        (e) Law enforcement means

                (i) policing, including criminal-intelligence operations,

                (ii) investigations that lead or could lead to a penalty or sanction being imposed, and

                (iii) proceedings that lead or could lead to a penalty or sanction being imposed;

(ea) Local public body means

                (i) a hospital,

                (ii) a university,

                (iii) an education [entity] authority Education Act,

                (iv) the Collège Community Colleges Act, or

                (v) the Nova lished by the Community Colleges Act;

        (f) Minister means a member of the Executive Council;

        (g) Minister means the Minister of Justice;

        (h) Municipal unit means a city, an incorporated town, a municipality of a county or district or village commissioners incorporated pursuant to the Village Service Act or to whom that Act applies and includes any agency, board or commission thereof;

                (i) Personal information about an identifiable individual, including

                (i) the individual’s number,

                (ii) the individual’s race, national or ethnic origin, colour, or religious or political beliefs or associations,

                (iii) the individual’s marital status or family status,

                (iv) an identifying number, symbol or other particular assigned to the individual,

                (v) the individual’s inheritable characteristics,

                (vi) information about the individual’s health-care history, including a physical or mental disability,

                (vii) information about the individual’s educational, financial, criminal or employment history,

                (viii) anyone and

                (ix) the individual’s except if they are about someone else;

        (j) Public body means

                (i) a Government department or a board, commission, foundation, agency, tribunal, association or other body of persons, whether incorporated or unincorporated, all the members of which or all the members of the board of management or board of directors of which

                        (A) are appointed by order of the Governor in Council, or

                        (B) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, and includes, for greater certainty, each body referred to in the Schedule to this Act but does not include the Office of the Legislative Counsel,

                (ii) the Public Archives of Nova Scotia,

                (iii) a body designated as a public body pursuant to clause

        (f) of subsection

        (1) of Section 49, or

                (iv) a local public body;

        (k) Record includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records;

                (l) Review officer means the Review Officer appointed pursuant to Section 33;

                (m) Third party, in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than

                (i) the person who made the request, or

                (ii) a public body;

        (n) Trade secret means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that

                (i) is used, or may be used, in business or for any commercial advantage,

                (ii) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use,

                (iii) is the subject of reasonable efforts to prevent it from becoming generally known, and

                (iv) the disclosure of which would result in harm or improper benefit;

        (o) University means a person located in the Province, including a natural person, an association of natural persons, a partnership or a corporation that is authorized by the Degree Granting Act to grant any recognition of academic achievement that is called a degree, including degrees of bachelor, master and doctorate. 1993, c. 5, s.3; 1999 (2nd Sess.), c. 11, s.1; 2018, c.1, Sch. A, s.112 .

The following definitions apply in this Act.

Applicant means a person who makes a request for access to a record under section 8. (auteur de la demande)

Business day means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)

Commissioner Repealed: 2019, c.19, s.6

Common or integrated service, program or activity means a service, program or activity that is provided by

        (a) a public body and one or more other public bodies or one or more non-public bodies, or

        (b) a public body on behalf of one or more public bodies. (service, programme ou activité commun ou intégré)

Data matching means the creation of identifying information by combining identifying information or deidentified information or other information from two or more electronic databases or two or more electronic records. (appariement de données)

Educational body means

        (a) a school as defined under the Education Act and a school district established under the Education Act,

        (b) a District Education Council established under the Education Act,

                (c) The University of New Brunswick,

                (d) Université de Moncton,

        (e) St. Thomas University,

        (f) Mount Allison University

                (f.1) Collège communautaire du NouveauBrunswick (CCNB),

                (f.2) New Brunswick Community College (NBCC),

        (g) New Brunswick College of Craft and Design,

        (h) any faculties, schools or institutes of a body referred to in paragraphs (c) to (g), and

                (i) any other body designated in Schedule A as an educational body. (organisme d’éducation)

Employee, in relation to a public body, includes an individual retained under a contract to perform services for the public body. (employé)

Government body means

        (a) any board, Crown corporation, commission, association, agency or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors or governing board of which, are appointed by an Act of the Legislature or by the

Lieutenant-Governor in Council, and

        (b) any other body that is designated in Schedule A as a government body. (organisme gouvernemental)

Head, in relation to a public body, means

        (a) in the case of a department, secretariat or office of the Province of New Brunswick specified in Part I of the First Schedule of the Public Service Labour Relations Act, the Minister of the Crown who presides over it,

        (b) in the case of a school district, the superintendent,

                (c) in the case of a regional health authority or other body listed in Part III of the First Schedule of the

Public Service Labour Relations Act, the chief executive officer,

                (d) subject to paragraph (d.1), in the case of a body listed in Part IV of the First Schedule of the Public

Service Labour Relations Act, the chief executive officer,

                (d.1) in the case of the New Brunswick Energy

Marketing Corporation, the chair of its board of directors,

        (e) in the case of a government body, except for a body referred to in paragraph (d) or (d.1), the person designated in Schedule A to act as the head or, where no person is designated, the Minister of the Crown or body responsible for the administration of the Act under which the government body is established,

        (f) in the case of a university, the person or group of persons designated by by-law or resolution to serve as the head,

        (g) in the case of the New Brunswick College of

Craft and Design, the Minister of Post-Secondary Education, Training and Labour,

        (h) in the case of a municipality, rural community or regional municipality, the person or group of persons designated by by-law or resolution to serve as the head,

                (i) in the case of a rural district, the Minister of Local Government and Local Governance Reform,

        (j) in the case of a police force, the chief of police,

        (k) in the case of other local government bodies, that person or group of persons chosen by and from among the members elected or appointed to the board and designated in writing, and

                (l) in any other case, the person or group of persons designated in Schedule A to act as the head of the public body. (responsable d’un organisme public)

Health care body means

        (a) a regional health authority and any other body listed in Part III of the First Schedule of the Public

Service Labour Relations Act, and

        (b) any other body designated in Schedule A as a health care body. (organisme de soins de santé)

Identifying information means information that identifies an individual or which it is reasonably foreseeable in the circumstances could be utilized, either alone or with other information, to identify an individual. (renseignements identificatoires)

Information, unless the context otherwise requires, means information contained in a record. (renseignements)

Information practices means the policies of a public body in relation to personal information, including

        (a) requirements regarding the collection, use, disclosure, retention, correction or disposal of personal information, including any requirements prescribed by regulation, and

        (b) the administrative, technical and physical safeguards and practices that the public body maintains with respect to the information, including any requirements prescribed by regulation. (pratiques relatives aux renseignements)

Integrated service, program or activity Repealed:

2017, c.31, s.1

Law enforcement means

        (a) policing, including criminal and security intelligence operations,

        (b) a police, security intelligence or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, and

                (c) proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings or by another body to which the results of the proceedings are referred. (exécution de la loi)

Local government body means

        (a) a municipality or any office of a municipality, including a municipal police force,

        (b) a rural district,

                (c) a rural community,

                (c.01) a regional municipality,

                (c.1) a regional service commission established under the Regional Service Delivery Act,

                (d) a local board as defined in subsection 87(1) of the Local Governance Act, and

        (e) any other body designated in Schedule A as a local government body. (organisme d’administration locale)

Local public body means

        (a) an educational body,

        (b) a health care body, and

                (c) a local government body. (organisme public local)

Minister means the Minister of Finance and Treasury Board and includes any person designated by the

Minister to act on the Minister’s behalf. (ministre)

Non-public body means a person that is not a public body. (organisme non public)

Office of the attorney general means the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services

Branch, the Family Crown Services Branch and the Public Prosecution Services Branch. (Cabinet du procureur général)

Office of the attorney general Repealed: 2013, c.42, s.17

Officer of the legislative assembly means the

Speaker of the Legislative Assembly, the Clerk of the

Legislative Assembly, the Chief Electoral Officer, the

Ombud, the Child, Youth and Senior Advocate, the Consumer Advocate for Insurance, the Integrity Commissioner, the Commissioner of Official Languages for New

Brunswick and the Auditor General. (fonctionnaire de l’Assemblée législative)

Ombud means the Ombud appointed under section

2 of the Ombud Act. (ombud)

Personal information means recorded information about an identifiable individual, including but not limited to,

        (a) the individual’s name,

        (b) the individual’s home address or electronic mail address or home telephone or facsimile number,

                (c) information about the individual’s age, gender, sexual orientation, marital status or family status,

                (d) information about the individual’s ancestry, race, colour, nationality or national or ethnic origin,

        (e) information about the individual’s religion or creed or religious belief, association or activity,

        (f) personal health information about the individual,

        (g) the individual’s blood type, fingerprints or other hereditary characteristics,

        (h) information about the individual’s political belief, association or activity,

                (i) information about the individual’s education, employment or occupation or educational, employment or occupational history,

        (j) information about the individual’s source of income or financial circumstances, activities or history,

        (k) information about the individual’s criminal history, including regulatory offences,

                (l) the individual’s own personal views or opinions, except if they are about another person,

                (m) the views or opinions expressed about the individual by another person, and

        (n) an identifying number, symbol or other particular assigned to the individual. (renseignements personnels)

Public body

        (a) means

                (i) a department, secretariat or office of the Province of New Brunswick, including but not limited to those portions of the public service specified in

Part I of the First Schedule of the Public Service

Labour Relations Act,

                (ii) a government body, board, Crown corporation or commission listed under Part IV of the First

Schedule of the Public Service Labour Relations

Act,

                (iii) a government body,

                (iv) the office of a Minister of the Crown, or

                (v) a local public body;

        (b) but does not include

                (i) the office of a member of the Legislative Assembly,

                (ii) the office of an officer of the Legislative Assembly, or

                (iii) The Court of Appeal of New Brunswick,

The Court of Queen’s Bench of New Brunswick, the Provincial Court of New Brunswick or the

Small Claims Court of New Brunswick. (organisme public)

Public registry means a registry of information designated in the regulations that is maintained by a public body and is available to the general public. (registre public )

Record means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records.

(document)

Research data centre means a research data centre as defined under the Personal Health Information Privacy and Access Act. (centre de données de recherche)

Review committee means the Privacy Assessment

Review Committee established by the Minister under section 77. (comité d’évaluation)

Service, program or activity Repealed: 2017, c.31, s.1

Third party means a person other than the applicant or the public body.

For the purposes of the definition Common or integrated service, program or activity, a public body or non-public body shall be deemed to be providing a service, program or activity if that public body or non-public body discloses personal information that relates directly to and is necessary for the provision of the service, program or activity by another public body or non-public body.

(2) The disclosure of personal information referred to in subsection (1) may occur one or more times or on an on-going basis.

(a) to allow any person a right of access to records in the custody or under the control of public bodies, subject to the limited and specific exceptions set out in this Act,

        (b) to control the manner in which public bodies may collect personal information from individuals and to protect individuals against unauthorized use or disclosure of personal information by public bodies,

        (b) to control the manner in which public bodies may collect personal information from individuals and to protect individuals against unauthorized use or disclosure of personal information by public bodies, subject to the limited and specific exceptions set out in this Act,

                (d) to allow individuals a right to request corrections to records containing personal information about themselves in the custody or under the control of public bodies, and

        (e) to provide for an independent review of the decisions of public bodies under this Act.

In this Act

        (a) Adjudicator means a person designated under section 68.1; (a.1) Applicant means a person who makes a request for access to a record under subsection 7(1);

                (a.2) Biometric information means information derived from an individual’s unique measurable characteristics;

        (b)Commissioner means the Information and Privacy Commissioner appointed under Part III;

                (b.1)Designated educational body means

                (i) the University of Prince Edward Island established under the University Act R.S.P.E.I. 1988, Cap. U-4,

                (ii) Holland College established under the Holland College Act R.S.P.E.I. 1988, Cap. H-6,

                (iii) La Société Éducative de L’Île-de-Prince Édouard Inc., a non-profit corporation established under the laws of the Province, operating under the trade name Collège de l’île, or

                (iv) any other body that may be designated as a designated educational body in the regulations; (b.2) Designated municipality means

                (i) the City of Charlottetown,

                (ii) the City of Summerside,

                (iii) the Town of Cornwall,

                (iv) the Town of Stratford, or

                (v) any other municipality that may be designated as a designated municipality in the regulations;

                (c) Employee, in relation to a public body, includes a person who performs a service for the public body as an appointee, volunteer or student or under a contract with the public body;

                (d) Head, in relation to a public body, means

                (i) if the public body is a department, branch or office of the Government of Prince Edward Island, the member of the Executive Council who presides over it,

                (ii) if the public body is an agency, board, commission, corporation, office or other body designated as a public body in the regulations,

                        (A) the person designated under subsection 77

        (2) as the head of that body, or

                        (B) where a head is not so designated, the person who acts as the chief officer for, and is charged with the administration and operation of, that body, (ii.1) if the public body is a local public body, the person or group of persons designated under section 77.1 as the head, or

                (iii) in any other case, the chief officer of the public body;

        (e) Law enforcement means

                (i) policing, including criminal intelligence operations,

                (ii) a police, security or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, or

                (iii) proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings, or by another body to which the results of the proceedings are referred; (e.1) Local public body means

                (i) a designated educational body, or

                (ii) a designated municipality;

        (f) Minister means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (f.1) Municipality means a municipality as defined in the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1;

        (g) Offence means an offence under an enactment of Prince Edward Island or Canada;

        (h) Officer of the Legislative Assembly means any person appointed as an officer of the Legislative Assembly by the Legislative Assembly;

                (i) Personal information means recorded information about an identifiable individual, including

                (i) the individual’s name, home or business address or home or business telephone number,

                (ii) the individual’s race, national or ethnic origin, colour or religious or political beliefs or associations,

                (iii) the individual’s age, sex, marital status or family status,

                (iv) an identifying number, symbol or other particular assigned to the individual,

                (v) the individual’s fingerprints, other biometric information, blood type, genetic information or inheritable characteristics,

                (vi) information about the individual’s health and health care history, including information about a physical or mental disability,

                (vii) information about the individual’s educational, financial, employment or criminal history, including criminal records where a pardon has been given,

                (viii) anyone else’s opinions about the individual, and

                (ix) the individual’s personal views or opinions, except if they are about someone else;

        (j) Prescribed means prescribed by the regulations;

        (k)Public body means

                (i) a department, branch or office of the Government of Prince Edward Island,

                (ii) an agency, board, commission, corporation, office or other body designated as a public body in the regulations,

                (iii) the Executive Council Office,

                (iv) the office of an officer of the Legislative Assembly, or (iv.1) a local public body, but does not include

                (v) the office of the Speaker of the Legislative Assembly and the office of a Member of the Legislative Assembly, or

                (vi)

the Court of Appeal of Prince Edward Island, the Supreme Court of Prince Edward Island or the Provincial Court of Prince Edward Island;

                (l) Record means a record of information in any form, including electronic form, but does not include a mechanism or system for generating, sending, receiving, storing or otherwise processing information;

                (m) Third party means a person, a group of persons or an organization other than an applicant or a public body;

        (n) Trade secret means information, including a formula, pattern, compilation, program, device, product, method, technique or process

                (i) that is used, or may be used, in business or for any commercial purpose,

                (ii) that derives independent economic value, actual or potential, from not being generally known to anyone who can obtain economic value from its disclosure or use,

                (iii) that is the subject of reasonable efforts to prevent it from becoming generally known, and

                (iv) the disclosure of which would result in significant harm or undue financial loss or gain. 2001,c.37,s.1; 2002,c.27,s.1,2; 2005,c.6,s.1; 2008,c.20,s.72

        (34); 2018,c.27,s.1; 2022,c.69,s.1.

The purposes of this Act are

        (a) to allow any person a right of access to the records in the custody or under the control of a public body subject to limited and specific exceptions as set out in this Act;

        (b) to control the manner in which a public body may collect personal information from individuals, to control the use that a public body may make of that information and to control the disclosure by a public body of that information;

                (c) to allow individuals, subject to limited and specific exceptions as set out in this Act, a right of access to personal information about themselves that is held by a public body;

                (d) to allow individuals a right to request corrections to personal information about themselves that is held by a public body; and

        (e) to provide for independent reviews of decisions made by public bodies under this Act and the resolution of complaints under this Act. 2001,c.37,s.2.

This Act

        (a) is in addition to and does not replace existing procedures for access to information or records;

        (b) does not affect access to records deposited in the Public Archives and Records Office before the coming into force of this Act;

        (c) does not limit the information otherwise available by law to a party to legal proceedings;

        (d) does not affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents; and

        (e) does not prohibit the transfer, storage or destruction of any record

                (i) in accordance with any other enactment of Prince Edward Island or Canada, or

                (ii) in accordance with a bylaw, resolution or other legal instrument by which a local public body acts or, if a local public body does not have a bylaw, resolution or other legal instrument in respect of the transfer, storage or destruction of a record, as authorized by the governing body of the local public body. 2001,c.37,s.3; 2018,c.27,s.2.

This Act may be cited as the Access to Information and Protection of Privacy Act, 2015 .

In this Act

        (a) applicant means a person who makes a request under section 11 for access to a record, including a record containing personal information about the person, or for correction of personal information;

        (b) business day means a day that is not a Saturday, Sunday or a holiday;

        (c) Cabinet means the executive council appointed under the Executive Council Act , and includes a committee of the executive council;

        (d) commissioner means the Information and Privacy Commissioner appointed under section 85 ;

        (e) complaint means a complaint filed under section 42 ;

        (f) coordinator means the person designated by the head of the public body as coordinator under subsection 110 (1);

        (g) dataset means information comprising a collection of information held in electronic form where all or most of the information in the collection

                (i) has been obtained or recorded for the purpose of providing a public body with information in connection with the provision of a service by the public body or the carrying out of another function of the public body,

                (ii) is factual information

                        (A) which is not the product of analysis or interpretation other than calculation, and

                        (B) to which section 13 of the Statistics Agency Act does not apply, and

                (iii) remains presented in a way that, except for the purpose of forming part of the collection, has not been organized, adapted or otherwise materially altered since it was obtained or recorded;

        (h) educational body means

                (i) Memorial University of Newfoundland ,

                (ii) College of the North Atlantic ,

                (iii) Centre for Nursing Studies,

                (iv) Western Regional School of Nursing,

                (v) a school board, school district constituted or established under the Schools Act, 1997, including the conseil scolaire francophone, and

                (vi) a body designated as an educational body in the regulations made under section 116 ;

        (i) employee, in relation to a public body, includes a person retained under a contract to perform services for the public body;

        (j) head, in relation to a public body, means

                (i) in the case of a department, the minister who presides over it,

                (ii) in the case of a corporation, its chief executive officer,

                (iii) in the case of an unincorporated body, the minister appointed under the Executive Council Act to administer the Act under which the body is established, or the minister who is otherwise responsible for the body,

                (iv) in the case of the House of Assembly the Speaker and in the case of the statutory offices as defined in the House of Assembly Accountability, Integrity and Administration Act, the applicable officer of each statutory office, or

                (v) in another case, the person or group of persons designated under section 109 or in the regulations as the head of the public body;

        (k) health care body means

                (i) an authority as defined in the Regional Health Authorities Act ,

                (ii) the Mental Health Care and Treatment Review Board,

                (iii) the Newfoundland and Labrador Centre for Health Information, and

                (iv) a body designated as a health care body in the regulations made under section 116 ;

        (l) House of Assembly Management Commission means the commission continued under section 18 of the House of Assembly Accountability, Integrity and Administration Act ;

        (m) judicial administration record means a record containing information relating to a judge, master or justice of the peace, including information respecting

                (i) the scheduling of judges, hearings and trials,

                (ii) the content of judicial training programs,

                (iii) statistics of judicial activity prepared by or for a judge,

                (iv) a judicial directive, and

                (v) a record of the Complaints Review Committee or an adjudication tribunal established under the Provincial Court Act, 1991 ;

        (n) law enforcement means

                (i) policing, including criminal intelligence operations, or

                (ii) investigations, inspections or proceedings conducted under the authority of or for the purpose of enforcing an enactment which lead to or could lead to a penalty or sanction being imposed under the enactment;

        (o) local government body means

                (i) the City of Corner Brook ,

                (ii) the City of Mount Pearl ,

                (iii) the City of St. John’s ,

                (iv) a municipality as defined in the Municipalities Act, 1999 , and

                (v) a body designated as a local government body in the regulations made under section 116 ;

        (p) local public body means

                (i) an educational body,

                (ii) a health care body, and

                (iii) a local government body;

        (q) minister means a member of the executive council appointed under the Executive Council Act ;

        (r) minister responsible for this Act means the minister appointed under the Executive Council Act to administer this Act;

        (s) officer of the House of Assembly means the Speaker of the House of Assembly, the Clerk of the House of Assembly, the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador, the Commissioner for Legislative Standards, the Citizens’ Representative, the Child and Youth Advocate, the Seniors’ Advocate and the Information and Privacy Commissioner, and a position designated to be an officer of the House of Assembly by the Act creating the position;

        (t) person includes an individual, corporation, partnership, association, organization or other entity;

        (u) personal information means recorded information about an identifiable individual, including

                (i) the individual’s name, address or telephone number,

                (ii) the individual’s race, national or ethnic origin, colour, or religious or political beliefs or associations,

                (iii) the individual’s age, sex, sexual orientation, marital status or family status,

                (iv) an identifying number, symbol or other particular assigned to the individual,

                (v) the individual’s fingerprints, blood type or inheritable characteristics,

                (vi) information about the individual’s health care status or history, including a physical or mental disability,

                (vii) information about the individual’s educational, financial, criminal or employment status or history,

                (viii) the opinions of a person about the individual, and

                (ix) the individual’s personal views or opinions, except where they are about someone else;

                (v) privacy complaint means a privacy complaint filed under subsection 73 (1) or (2) or an investigation initiated on the commissioner’s own motion under subsection 73 (3);

        (w) privacy impact assessment means an assessment that is conducted by a public body as defined under subparagraph

                (x)

                (i) to determine if a current or proposed program or service meets or will meet the requirements of Part III of this Act;

                (x) public body means

                (i) a department created under the Executive Council Act , or a branch of the executive government of the province,

                (ii) a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown,

                (iii) a corporation, commission or body, the majority of the members of which, or the majority of members of the board of directors of which are appointed by an Act, the Lieutenant-Governor in Council or a minister,

                (iv) a local public body,

                (v) the House of Assembly and statutory offices, as defined in the House of Assembly Accountability, Integrity and Administration Ac t, and

                (vi) a corporation or other entity owned by or created by or for a local government body or group of local government bodies, which has as its primary purpose the management of a local government asset or the discharge of a local government responsibility, and includes a body designated for this purpose in the regulations made under section 116 , but does not include

                (vii) the constituency office of a member of the House of Assembly wherever located,

                (viii) the Court of Appeal, the Trial Division, or the Provincial Court , or

                (ix) a body listed in Schedule B;

        (y) record means a record of information in any form, and includes a dataset, information that is machine readable, written, photographed, recorded or stored in any manner, but does not include a computer program or a mechanism that produced records on any storage medium;

        (z) remuneration includes salary, wages, overtime pay, bonuses, allowances, honorariums, severance pay, and the aggregate of the contributions of a public body to pension, insurance, health and other benefit plans;

        (aa) request means a request made under section 11 for access to a record, including a record containing personal information about the applicant, or correction of personal information, unless the context indicates otherwise;

        (bb) Schedule B means the schedule of bodies excluded from the definition of public body; and

        (cc) third party, in relation to a request for access to a record or for correction of personal information, means a person or group of persons other than

                (i) the person who made the request, or

                (ii) a public body.

(1) The purpose of this Act is to facilitate democracy through

        (a) ensuring that citizens have the information required to participate meaningfully in the democratic process;

        (b) increasing transparency in government and public bodies so that elected officials, officers and employees of public bodies remain accountable; and

        (c) protecting the privacy of individuals with respect to personal information about themselves held and used by public bodies.

(2) The purpose is to be achieved by

        (a) giving the public a right of access to records;

        (b) giving individuals a right of access to, and a right to request correction of, personal information about themselves;

        (c) specifying the limited exceptions to the rights of access and correction that are necessary to

                (i) preserve the ability of government to function efficiently as a cabinet government in a parliamentary democracy,

                (ii) accommodate established and accepted rights and privileges of others, and

                (iii) protect from harm the confidential proprietary and other rights of third parties;

        (d) providing that some discretionary exceptions will not apply where it is clearly demonstrated that the public interest in disclosure outweighs the reason for the exception;

        (e) preventing the unauthorized collection, use or disclosure of personal information by public bodies; and

        (f) providing for an oversight agency that

                (i) is an advocate for access to information and protection of privacy,

                (ii) facilitates timely and user friendly application of this Act,

                (iii) provides independent review of decisions made by public bodies under this Act,

                (iv) provides independent investigation of privacy complaints,

                (v) makes recommendations to government and to public bodies as to actions they might take to better achieve the objectives of this Act, and

                (vi) educates the public and public bodies on all aspects of this Act.

(3) This Act does not replace other procedures for access to information or limit access to information that is not personal information and is available to the public.

In this Act

Access, in respect of information to which access has been granted under paragraph 64(1)(a), means access to the information as provided in accordance with section 65; « accès »

Access and privacy officer means the employee of a public body appointed as the access and privacy officer under subsection 84(1); « agent de l’accès à l’information et la protection de la vie privée »

Access information summary, in respect of an access request, means the written summary provided to the access and privacy officer under section 53 for the access request; « sommaire d’accès à l’information »

Access request means a request submitted under subsection 44(1);

« demande d’accès »

Access to information registrymeans the registry established under subsection 85(1); « registre de l’accès à l’information »

Activation date, in respect of an access request, means the day on which the access and privacy officer provides a copy of the access request to the head of the responsive public body under subparagraph 47(2)(a)(i); « date

d’activation »

Adjudicative information means information collected, used, stored, processed or generated by an adjudicator, or an individual working for or on behalf of an adjudicator, in respect of a proceeding over which the adjudicator is presiding or has presided but does not include a decision (including reasons) or order made, or a direction given, by the adjudicator in respect of the proceeding; « renseignements juridictionnels »

Adjudicatormeans a person or body (other than a court) that

        (a)is authorized under an Act of the Legislature or of Parliament to hear and determine a matter brought before them, and

        (b) may, on conclusion of the hearing, make a decision that is legally-binding on a person whose rights are or may be affected by the decision; « arbitre »

Applicant, in respect of an access request, means the person who submits the access request; « demandeur »

Attorney general means the minister who is the Attorney General of Yukon under section 3 of the Department of Justice Act and includes a lawyer, agent or delegate acting for or on behalf of the Attorney General; « procureur général »

Auditor means

        (a) the individual appointed by Parliament as the Auditor General of Canada,

        (b) the individual appointed under the Financial Administration Act as the internal auditor, or

        (c) any other person prescribed as an auditor; « vérificateur »

Business contact information, of an individual, means information that makes it possible to contact the individual at their place of business

« coordonnées d’affaires »

and includes the individual’s name, position, title,

business phone number and business email

address;

Business day means a day other than Saturday or a holiday; « jour ouvrable »

Cabinet means the Executive Council and includes a committee of the Executive Council; « Cabinet »

Collection, of personal information, includes gathering or obtaining the personal information but does not include the use, disclosure or management of the personal information; « collecte »

Commissioner means

        (a) the individual

commissioner under subsection 110(3), or

        (b) if no appointment has been made under subsection 110(3), the Ombudsman; « commissaire »

Court means a court that has jurisdiction in Yukon; « tribunal »

Court record means a record contained in a court registry, or that is created or produced by or for a court in respect of a proceeding, and includes

        (a) a record of the dates on which the proceeding was heard or will be heard and the name of the judge who heard or is listed to hear the proceeding,

        (b) a record of a judgement in respect of the proceeding, including an order made or a direction given by the judge during the proceeding, and

        (c) a record admitted into evidence by the court during the proceeding; « dossier du tribunal »

Court registry staff means the employees of a public body who provide support services to a judge or a court; « personnel du greffe »

Court services information means information about a program or activity of a public body that provides support services to a court and includes information about employment matters in respect of court registry staff but does not include judicial information or a court record;

Custodian has the same meaning as in the

Health Information Privacy and Management Act and includes an agent (as defined in that Act) of a custodian; « dépositaire »

Data linking means the combination of personal information contained in a dataset with personal information contained in another dataset for a purpose other than

        (a) the purpose for which the personal information in each dataset was collected, and

        (b) a purpose that is consistent with a purpose referred to in paragraph (a); « liaison de données »

Data-linking activity means a data-linking activity approved under section 29; « activité de liaison de données »

Dataset means a grouping of data in which all or most of the data

        (a) is held by a public body, (b) consists of facts,

        (c)is not the product of analysis or interpretation,

        (d) is not a document referred to in section 9 of the Archives Act, and

        (e) has not, except for its grouping, been organized, adapted or modified; « ensemble de données »

Department has the same meaning as in the Government Organisation Act; « ministère »

Designated access officer, of a public body, means an employee designated under paragraph 87(1)(b) as a designated access officer for the public body; « agent désigné de l’accès à l’information »

Designated privacy officer, of a public body, means the employee designated under paragraph 87(1)(a) as the designated privacy officer for the public body; « agent désigné de la protection de la vie privée »

Disclosure, of information, includes revealing or otherwise making the information known to a person other than the person who holds the information but does not include the collection, use or management of the information; « divulgation »

Disposal, of information, includes destruction or deletion of the information; « élimination »

Employee, of a public body, includes (a) an individual who is

                (i) an employee of the public body, or of another public body that provides a service to the public body, appointed to a position in the public service pursuant to the Public Service Act,

                (ii) a principal, vice-principal or teacher, or technical support staff, of the public body appointed to their position pursuant to the Education Act, or

                (iii) an employee appointed to a position pursuant to the Cabinet and Caucus Employees Act for the purpose of assisting the minister responsible for the public body,

        (b) a service provider of the public body,

        (c) a director or officer of the public body, or

        (d) any other individual who provides a service to the public body, whether or not for compensation; « employé »

First nation government means

        (a) a governing body established under the constitution of a Yukon First Nation,

        (b) the council of a band recognized under the Indian Act (Canada), or

        (c) an entity prescribed as a First Nation government; « gouvernement d’une Première nation »

Generally excluded information means the information and records described in paragraphs 38(1)(a) to (o); « renseignements ordinairement exclus »

Head, of a public body, means

        (a) in the case of a public body that is a ministerial body, the minister responsible for the public body,

        (b) in the case of a public body that is a statutory body, the individual who holds the office or position prescribed as the office or position of the head of the public body, or

        (c) in the case of a public body that is an entity, the individual who holds the office or position prescribed as the office or position of the head of the public body; « responsable »

Hold, in respect of information, means to have custody or control of the information; « détenir »

Individual includes a deceased individual. Information means information contained in

« particulier »

a record; « renseignements »

Information management service means a service described in an agreement made under subsection 33(3); « service de gestion de l’information »

Integrated service means an integrated service approved under section 27; « service intégré »

Judge means a judge, deputy judge or justice of a court; « juge »

Judicial information means

        (a) information collected,

processed or generated by a judge, or an individual working for or on behalf of the judge,

        (b) information about a judge, including

                (i)information about the support services provided to the judge by court registry staff,

                (ii) information about the judge’s schedule in relation to proceedings,

                (iii)information about the judge’s judicial training program, and

                (iv) information about the judicial activity of the judge, including statistics about that activity prepared by or for the judge, and

        (c) information about, and the records of, the Judicial Council of the Territorial Court (established under the Territorial Court Act), including information and records related to the duties and powers of a member of the Judicial Council of the Territorial Court; « renseignements judiciaires »

Law enforcement means

        (a) policing, including criminal or security intelligence operations,

        (b) a police, security intelligence, criminal or regulatory investigation, including the complaint that initiates the investigation, that leads or could lead to a penalty or sanction being imposed, or

        (c) a proceeding that leads or could lead to a penalty or sanction being imposed; « exécution delaloi»

Legal privilegemeans solicitor-client privilege, litigation privilege or any other type of legal privilege (including a privilege of the law of evidence); « privilège juridique »

Manage, in respect of personal information, includes retaining, storing, transferring, transmitting or disposing of the personal

information but does not include collecting, using or disclosing the personal information; « gérer »

Minister responsible, for a department, means the minister appointed under the Government Organisation Act to preside over the department; « ministre responsable »

Ministerial body means

        (a) the office of a minister responsible for a department,

        (b) the department over which the minister responsible presides, and

        (c) each statutory body prescribed as a program or activity of the ministerial body; « organisme ministériel »

Municipality means a municipality established under the Municipal Act and includes

        (a) the corporation established under that Act for the municipality, and

        (b) the council of the

« municipalité »

municipality;

Officer of the legislative assembly means (a) the commissioner,

        (b) the Ombudsman,

        (c) the Chief Electoral Officer

        (g) any other individual appointed under an Act as an officer of the Legislative Assembly

Ombudsman means

        (a) the individual

de l’Assemblée

appointed as the Ombudsman under the Ombudsman Act, or

        (b) an individual appointed as an acting Ombudsman under the Ombudsman Act; « ombudsman »

Open access informationmeans the information and records described in paragraphs 39(a) to (d); « renseignements en accès libre »

Open access register, of a public body, means the open access register established under paragraph 41(1)(a); « registre de libre accès »

Partner, in respect of a specialized service or a data-linking activity, means each public body, program or activity of a public body, or partner agency that is prescribed as a partner in the provision of the specialized service or the carrying out of the data-linking activity; « partenaire »

Partner agency means

        (a) a government institution subject to the

Privacy Act (Canada),

        (b) an organization operating in Yukon that is subject to the Personal Information Protection and Electronic Documents Act (Canada),

        (c) a public body, a government institution or an institution, as defined under an Act of a provincial legislature that has substantially the same effect as this Act,

        (d) a custodian,

        (e) a First Nation government and its employees, or

        (f) an entity prescribed as a agency; « organisme partenaire »

partner

Personal health information has the same meaning as in the Health Information Privacy and Management Act; « renseignements médicaux personnels »

Personal identity manager means the public body prescribed under paragraph 28(1)(b) as the personal identity manager; « gestionnaire de l’identité »

Personal identity service means a personal identity service approved under subsection 28(1); « service de l’identité »

Personal information means, section 3, recorded information identifiable individual, including

        (a) their name,

subject to about an

        (b) their home, mailing or email address or phone number,

        (c)their age, sex, gender identity or expression, or sexual orientation,

        (d) their skin colour, fingerprints, blood type or any other genetic characteristic or biometric information,

        (e) their race, ethnicity or nationality,

        (f) information about their current and past physical or mental health, including their personal health information,

        (g) information about their marital, family, education or employment status or history,

        (h) information about their current or past

                (i) political or religious beliefs, associations or activities,

                (ii) amounts or sources of income, or

                (iii) income tax returns, (i) information about

                (i) an asset that they wholly or partially own or owned,

                (ii) a liability for which they are or were wholly or partially liable,

                (iii) a transaction or banking activity in which they are or were involved,

                (iv) an assessment of credit-worthiness of which they are or were the subject,

                (v) a discretionary benefit in the nature of income assistance, legal aid or another similar type of benefit that they are receiving or have received, or

                (vi) a law enforcement matter of which they are or were the subject,

        (j) a personal unique been assigned to them,

        (k) another individual’s about them, or

identifier opinion

that has

or view

        (l) their opinion or view about something

other than their opinion or view about another individual; « renseignements personnels »

Personal unique identifier, of an individual, means an identifier that

        (a) is assigned to the individual, and

        (b) uniquely identifies the individual in relation to a public body; « identificateur unique personnel »

Privacy breach, in respect of personal information, means the theft or loss of, or unauthorized use, disclosure or disposal of, the personal information; « atteinte à la vie privée »

Privacy impact assessment means a privacy impact assessment conducted in accordance with subsection 11(1); « évaluation des facteurs relatifs à la vie privée »

Proceeding means

        (a) in respect of a court, a civil or criminal proceeding, or

        (b) in respect of an adjudicator, the hearing of a matter over which the adjudicator is authorized under an Act of the Legislature or of Parliament to preside; « instance »

Program or activity, of a public body, includes a service provided by the program or activity of the public body but does not include

        (a) a program or activity prescribed not to be considered a program or activity of the public body, or

        (b) each of the following that is provided by the public body:

                (i) a specialized service,

                (ii) a data-linking activity,

                (iii) an information

service; « programme ou activité »

Protocol means a protocol containing rules established by the access and privacy officer under subsection 86(1); « protocole »

Public body means

        (a) a ministerial body,

        (b) a statutory body prescribed as a public body, or

        (c) an entity prescribed as a public body;

« organisme public »

Public registry means a registry (other than a court registry), register, roll, list or other thing that

        (a) is established or maintained under an Act,

        (b) contains personal information, and

        (c) is prescribed as a public registry;

Publicly available information means personal information that is

        (a) contained in a public registry,

        (b) contained in a magazine, book, newspaper or other similar type of publication that is generally available to the public in print or electronic format, whether by purchase or otherwise, or

        (c)of a type or class of personal information prescribed as publicly available information; « renseignements accessibles au public »

Record means a storage medium (including a written, graphic, electronic, digital, photographic or audio medium) in which information is contained and stored but does not include any software or mechanism used to store or produce the information; « document »

Reputable public source means a source specified in a ministerial order made under subsection 126(1); « source publique fiable »

Response date, in respect of an access request, means the date determined under section 50 by which the head of a responsive public body must respond to the access request; « date de réponse »

Responsive public body, in respect of an access request, means

        (a) if a copy of the access request has been provided to a head under subparagraph 47(2)(a)(i), the public body whose head has been provided the copy, or

        (b) otherwise, the public body whose head would be required to respond to the access request if it were to be accepted for processing under subsection 47(1); « organisme public répondant »

Service provider, of a public body, means a person who, under a contract, provides a service for or on behalf of the public body and includes an employee or agent of the service provider; « prestataire de services »

Sheriff means the individual appointed under the Supreme Court Act as the sheriff; « shérif »

Significant harm means

        (a)in respect of a privacy breach, bodily harm, personal humiliation, reputational or relationship damage, loss of employment, business or professional opportunities, financial loss, negative effects on a credit rating, or damage to or loss of property, or any other similar type of harm,

        (b) in respect of subsection 83(1), harm caused by a serious environmental, health or safety hazard, or

        (c) in respect of paragraph 64(3)(a), a harm of a type referred to in paragraph (a) or (b); « préjudice grave »

Specialized service means and integrated service or a personal identity service

Statutory body means a board, commission, council, committee, corporation, foundation or other body

        (a) that is established or incorporated under an Act, and

        (b) all the members, directors or officers of which are appointed by the Commissioner in Executive Council or a minister; « organisme créé par une loi »

Third party, in respect of an access request, means a person other than the applicant or the responsive public body; « tiers »

Use, in respect of personal information, includes accessing, adapting, compiling, copying, modifying, organizing or reviewing the personal information but does not include collecting, disclosing or managing the personal information; « utiliser »

Yukon first nation has the same meaning as in An Act Approving Yukon Land Claim Final Agreements; « Première nation du Yukon »

Yukon university means the corporation continued as Yukon University under the Yukon University Act.

2 for the purpose of the definition adjudicative information in section 1, information of the following types, as it relates to a person or body that may preside as an adjudicator, is not considered to be adjudicative information:

        (a) information relating to the person’s or body’s exercise of a power to grant, issue or otherwise provide a licence, permit or other type of authorization, or a discretionary benefit, under an Act;

        (b) information relating to the person’s or body’s provision of advice or a recommendation to Cabinet or a minister;

        (c) information relating to a clerical or secretarial matter not directly related to a proceeding over which the person or body is presiding or has presided as an adjudicator.

3 for the purpose of the definition personal information in section 1, the following is not considered to be the personal information of an individual:

        (a) the business contact information of the individual;

        (b) in the case of an individual who is or was a service provider of a public body, or who is or was an employee or agent of the service provider, the terms of the contract between the public body and the service provider, including, as specified in the contract, the individual’s name and, if applicable, their position with the service provider;

        (c) personal information of the individual of a type or class of personal information prescribed as information that is not to be considered personal information.

4(1) For greater certainty, each of the following is not considered to be a public body, an employee or agent of a public body, or a program or activity of a public body:

        (a) a court;

        (b) a judge;

        (c) the office of a member of the Legislative Assembly;

        (d) the office of an officer of the Legislative Assembly.

(2) For the purposes of this Act, the Commissioner in Executive Council may prescribe a program or activity of a public body that is not to be considered as a program or activity of the public body.

5(1) Unless the context indicates otherwise, a reference in a provision of this Act to a public body is to be read as including a reference to

        (a) the head of the public body;

        (b) each program or activity of the public body to which the provision applies; and

        (c) each employee who has the authority under the provision to act for or on behalf of the public body.

(2) For greater certainty, a reference in a provision of this Act to

        (a) the holding of information or a record by a public body is to be read as including a reference to the holding of the information or record by the head or an employee of the public body who holds it for or on behalf of the public body; or

        (b) the holding of information or a record by the head or an employee of the public body is to be read as a reference to the head or employee holding the information or record for or on behalf of the public body.

6 The purposes of this Act are

        (a) to protect the privacy of individuals by controlling and limiting the collection, use and disclosure of personal information by public bodies;

        (b) to require public bodies to implement security measures designed to prevent privacy breaches in respect of the personal information that they hold;

        (c) to ensure that individuals have access to their personal information held by public bodies and have a right to request correction of it;

        (d) to require public bodies to make particular types or classes of information openly accessible so that an access request is not required to access those types or classes of information;

        (e) to provide the public with a right to access information held by public bodies (subject to specific exceptions) in order to ensure government transparency and to facilitate the public’s ability to meaningfully participate in the democratic process; and

        (f) to provide the commissioner with powers and duties that enable the commissioner to monitor public bodies’ compliance with this Act and ensure that public bodies’ decision- making is conducted in accordance with the purposes of this Act and that their administration is in accordance with the purposes of this Act.

7 This Act does not

        (a) replace or limit, other than as provided under this Act, other manners in which the public may access information that is generally available to the public;

        (b) prohibit the management of information or records in accordance with an Act of the Legislature or of Parliament;

        (c) limit the information otherwise legally available to a party to a proceeding; or

        (d) affect or limit the power of a court, an adjudicator or an officer of the Legislative Assembly to, in accordance with their authority to do so, compel a witness to testify or compel the production of documents.

8 If a provision of this Act is inconsistent with or in conflict with a provision of another Act, the provision of this Act prevails unless the other Act expressly provides that it, or a provision of it, prevails despite this Act.

The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by

        (a) giving the public a right of access to records held by public bodies;

        (b) giving individuals a right of access to, and a right to request correction of, personal information about themselves held by public bodies;

        (c) specifying limited exceptions to the rights of access;

        (d) preventing the unauthorized collection, use or disclosure of personal information by public bodies; and

        (e) providing for an independent review of decisions made under this Act.

In this Act,

applicant means a person who applies for access to a record under section 6; (requérant)

business day means any day except

        (a) a Saturday,

        (b) a Sunday,

        (c) a holiday, or

        (d) any day between December 19 and January 5 on which the majority of persons employed in the Office of the Information and Privacy Commissioner are on mandatory leave; (jour ouvrable)

common or integrated program or service means a program or service that provides one or more services through a public body working collaboratively with one or more other public bodies; (programme ou service commun ou intégré)

coordinator means the coordinator designated by the head of a public body under section 68.1; (coordonnateur)

employee, in relation to a public body, includes a person who performs a service for the public body

        (a) as an appointee,

        (b) as a volunteer,

        (c) as a student,

        (d) under a contract, or

        (e) under an agency relationship; (employé)

head means

        (a) in relation to a public body that is a department, branch or office of the Government of the Northwest Territories, the member of the Executive Council who presides over it, and

        (b) in relation to any other public body, the person designated in the regulations as the head of the public body; (responsable)

law enforcement includes

        (a) policing, including criminal intelligence operations,

        (b) investigations that lead or could lead to the imposition of a penalty or sanction, or

        (c) proceedings that lead or could lead to the imposition of a penalty or sanction; (exécution de la loi)

Minister means the member of the Executive Council who is responsible for the administration of this Act; (ministre)

Minister of Justice means the Minister of Justice and Attorney General; (ministre de la Justice)

offence means an offence under an enactment of the Northwest Territories or Canada; (infraction)

person includes a public body; (personne)

personal information means information about an identifiable individual, including

        (a) the individual’s name, home or business address or home or business telephone number,

        (b) the individual’s race, colour, national or ethnic origin or religious or political beliefs or associations,

        (c) the individual’s age, sex, sexual orientation, marital status or family status,

        (d) an identifying number, symbol or other particular assigned to the individual,

        (e) the individual’s fingerprints, blood type or inheritable characteristics,

        (f) information about the individual’s health and health care history, including information about a physical or mental disability,

        (g) information about the individual’s educational, financial, criminal or employment history,

        (h) anyone else’s opinions about the individual,

        (i) the individual’s personal opinions, except where they are about someone else; (renseignements personnels)

public body means

        (a) a department, branch or office of the Government of the Northwest Territories, or

        (b) an agency, board, commission, corporation, office or other body designated in the regulations, but does not include

        (c) the Office of the Legislative Assembly or the office of a member of the Legislative Assembly or a member of the Executive Council; (organisme public)

record means a record of information in any form and includes information that is written, photographed, recorded or stored in any manner, but does not include a computer program or other mechanism that produces records; (document)

third party means a person other than an applicant or a public body; (tiers)

trade secret means information, including a formula, pattern, compilation, program, device, product, method, technique or process

        (a) that is used or may be used, in business or for any commercial advantage,

        (b) that derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use,

        (c) that is the subject of reasonable efforts to prevent it from becoming generally known, and

        (d) the disclosure of which would result in harm or improper benefit. (secret industriel)

(1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

        (a) a record made from information in a court file, a record of a judge of the Court of Appeal, the Supreme Court or the Territorial Court or a record of a justice of the peace;

        (b) a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity; (b.1) personal health information, as defined in subsection 1 (1) of the Health Information Act, in a record to which that Act applies that is in the custody or under the control of a public body that is a public custodian as defined in subsection 1 (1) of that Act;

        (c) a record relating to a prosecution where all proceedings in respect of the prosecution have not been completed; (c.1) a personal or constituency record of a member of the Legislative Assembly, that is in the custody or control of the member, the Legislative Assembly or a public body; prosecution have not been completed; (c.2) a personal record or constituency record of a member of the municipal council for a municipality designated as a public body, that is in the custody or control of the member;

        (d) a question that is to be used on an examination or test;

        (e) material placed in the Northwest Territories Archives by or for a person other than a public body;

        (f) a record in a registry operated by a public body where public access to the registry is normally permitted.

(2) This Act

        (a) is in addition to and does not replace existing procedures for access to government information or records;

        (b) does not in any way limit access to government information or records normally available to the public;

        (c) does not limit the information otherwise available by law to a party to legal proceedings;

        (d) does not affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents; and

        (e) does not prohibit the transfer, storage or destruction of any record in accordance with another Act or a regulation under another Act.

(3) The Government of the Northwest Territories is bound by this Act.

If a provision of this Act is inconsistent with or in conflict with a provision of another Act, the provision of this Act prevails unless the other Act expressly provides that it, or a provision of it, prevails notwithstanding this Act.

The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by giving the public a right of access to records held by public bodies; giving individuals a right of access to, and a right to request correction of, personal information about themselves held by public bodies; specifying limited exceptions to the rights of access; preventing the unauthorized collection, use or disclosure of personal information by public bodies; and providing for an independent review of decisions made under this Act.

In this Act,

Applicant means a person who applies for access to a record under section 6; (requérant)

Business day means a day that is not a Saturday, Sunday or holiday as defined in section 27 of the Public Service Act; (jour ouvrable)

Employee, in relation to a public body, includes a person retained under contract to perform services for the public body; (employé)

Head means

        (a) in relation to a public body that is a department, branch or office of the Government of Nunavut, the member of the Executive Council who presides over it, and

        (b) in relation to a public body that is a department, branch or office of the Government of Nunavut, the member of the Executive Council who presides over it, and in relation to any other public body, the person designated in the regulations as the head of the public body; (responsable)

Law enforcement includes

        (a) policing, including criminal intelligence operations,

        (b) investigations that lead or could lead to the imposition of a penalty or sanction,

or

        (c) proceedings that lead or could lead to the imposition of a penalty or sanction;

(exécution de la loi)

Minister means the member of the Executive Council who is responsible for the administration of this Act; (ministre)

Minister of justice means the Minister of Justice and Attorney General; (ministre de la Justice) Offence means an offence under an enactment of Nunavut or Canada; (infraction)

Person includes a public body; (personne)

Personal information means information about an identifiable individual, including

        (a) the individual’s name, home or business address or home or business telephone

number,

        (b) the individual’s race, colour, national or ethnic origin or religious or political

beliefs or associations,

        (c) the individual’s age, sex, sexual orientation, marital status or family status,

        (d) an identifying number, symbol or other particular assigned to the individual,

        (e) the individual’s fingerprints, blood type or inheritable characteristics,

        (f) information about the individual’s health and health care history, including

information about a physical or mental disability,

        (g) information about the individual’s educational, financial, criminal or

employment history,

        (h) anyone else’s opinions about the individual,

                (i) the individual’s personal opinions, except where they are about someone else;

(renseignements personnels)

Privacy impact assessment means an assessment that is conducted by a public body as defined in section 2, but not including a municipality, to determine if a current or proposed program or service meets or will meet the requirements of Part 2 of this Act; (évaluation des facteurs relatifs à la vie privée)

Public body means

        (a) a department, branch or office of the Government of Nunavut, or

        (b) an agency, board, commission, corporation, office, municipality or other body

designated in the regulations, but does not include

        (c) the Office of the Legislative Assembly or the office of a member of the

Legislative Assembly or a member of the Executive Council; (organisme public)

Record means a record of information in any form and includes information that is written, photographed, recorded or stored in any manner, but does not include a computer program or other mechanism that produces records; (document)

Third party means a person other than an applicant or a public body; (tiers)

Trade secret means information, including a formula, pattern, compilation, program, device, product, method, technique or process

        (a) that is used or may be used, in business or for any commercial advantage,

        (b) that derives independent economic value, actual or potential, from not being

generally known to the public or to other persons who can obtain economic

value from its disclosure or use,

        (c) that is the subject of reasonable efforts to prevent it from becoming generally

known, and

        (d) the disclosure of which would result in harm or improper benefit. (secret

industriel)

(1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

        (a) a record in a court file, a record of a judge of the Nunavut Court of Justice or of the Court of Appeal, or a record of a justice of the peace;

        (b) a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity;

        (c) a record relating to a prosecution where all proceedings in respect of the prosecution have not been completed;

        (d) a question that is to be used on an examination or test;

        (e) material placed in Nunavut Archives by or for a person other than a public body;

        (f) a record in a registry operated by a public body where public access to the

registry is normally permitted; and

        (g) a record subject to solicitor-client privilege, if the holder of the privilege is the

Legislative Assembly, the Speaker of the legislative Assembly, Management and Services Board, a member of the regular members’ caucus or an independent officer of the legislative Assembly.

Other access rights protected

(2) This Act

        (a) is in addition to and does not replace other procedures for access to

government information or records;

        (b) does not in any way limit access to government information or records

normally available to the public;

        (c) does not limit the information otherwise available by law to a party to legal

proceedings;

        (d) does not affect the power of any court or tribunal to compel a witness to testify

or to compel the production of documents; and

        (e) does not prohibit the transfer, storage or destruction of any record in

accordance with another Act or a regulation under another Act.

Government bound by Act

(3) The Government of Nunavut is bound by this Act.

(2) If a provision of this Act is inconsistent with or in conflict with a provision of any other enactment, the provision of this Act prevails unless the other enactment is an Act, or is made under an Act, that expressly provides that the Act, a provision of the Act or a regulation or order made under the Act prevails despite this Act.

Transitional

(3) On December 31, 2007, subsection (1) is repealed and subsection (2) comes into force.

This Act may be cited as the Access to Information Act.

The purpose of this Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions.

In furtherance of that purpose,

        (a) Part 1 extends the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government; and

        (b) Part 2 sets out requirements for the proactive publication of information.

This Act is also intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public.

R.S., 1985, c. A-1, s. 22019, c. 18, s. 2

Definitions

3 In this Act,

alternative format, with respect to a record, means a format that allows a person with a sensory disability to read or listen to that record; (support de substitution)

business day means a day other than

        (a) a Saturday;

        (b) a Sunday or other holiday; and

        (c) a day that falls during the Christmas recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)

Court means the Federal Court; (Cour)

designated Minister means a person who is designated as the Minister under subsection 3.2(1); (ministre désigné)

foreign state means any state other than Canada; (État étranger)

government institution means

        (a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and

        (b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act; (institution fédérale)

head, in respect of a government institution, means

        (a) in the case of a department or ministry of state, the member of the Queen’s Privy Council for Canada who presides over the department or ministry, or

        (b) in any other case, either the person designated under subsection 3.2(2) to be the head of the institution for the purposes of this Act or, if no such person is designated, the chief executive officer of the institution, whatever their title; (responsable d’institution fédérale)

Information Commissioner means the Commissioner appointed under section 54; (Commissaire à l’information)

personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels)

record means any documentary material, regardless of medium or form; (document)

sensory disability means a disability that relates to sight or hearing; (déficience sensorielle)

third party, in respect of a request for access to a record under Part 1, means any person, group of persons or organization other than the person that made the request or a government institution. (tiers)

R.S., 1985, c. A-1, s. 31992, c. 21, s. 12002, c. 8, s. 1832006, c. 9, s. 1412019, c. 18, s. 3

Previous Version

Marginal note:For greater certainty

3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.

Marginal note:For greater certainty

(2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.

2006, c. 9, s. 142

Marginal note:For greater certainty

3.1 For greater certainty, for the purposes of this Act, information that relates to the general administration of a government institution includes information that relates to expenses paid by the institution for travel, including lodging, and hospitality.

(1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

(a) information in a court file, a record of a judge of the Court of Appeal of Alberta, the Alberta Court of Justice, a record of an applications judge of the Court of King’s Bench of Alberta, a record of a justice of the peace other than a non-presiding justice of the peace under the Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this clause;

(b) a personal note, communication or draft decision created by or for a person who is acting in a judicial or quasi-judicial capacity including any authority designated by the Lieutenant Governor in Council to which the Administrative Procedures and Jurisdiction Act applies;

(c) a quality assurance record within the meaning of section 9 of the Alberta Evidence Act;

(d) a record that is created by or for or is in the custody or under the control of an officer of the Legislature and relates to the exercise of that officer’s functions under an Act of Alberta;

(e) information that is collected by or for or is in the custody or under the control of the Ethics Commissioner and relates to the disclosure statements of deputy ministers and other senior officers that have been deposited with the Ethics Commissioner;

(e.1) information that is collected by or for or is in the custody or under the control of the Ethics Commissioner and relates to the disclosure statements of designated senior officials that have been deposited with the Ethics Commissioner under Part 4.3 of the Conflicts of Interest Act;

(f) a record that is created by or for or is in the custody or under the control of the Ethics Commissioner and relates to any advice relating to conflicts of interest whether or not the advice was given under the Conflicts of Interest Act;

(g) a question that is to be used on an examination or test;

(h) teaching materials

(i) of an employee of a post-secondary educational body,

(ii) of a post-secondary educational body, or

(iii) of both an employee of a post-secondary educational body and the post-secondary educational body;

(i) research information of an employee of a post-secondary educational body;

(j) material that has been deposited in the Provincial Archives of Alberta or the archives of a public body by or for a person or entity other than a public body;

(j.1) published works collected by a library of a public body in accordance with the library’s acquisition of materials policy;

(k) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed;

(l) a record made from information

(i) in the Personal Property Registry,

(ii) in the office of the Registrar of Motor Vehicle Services,

(iii) in the office of the Registrar of Corporations,

(iv) in the office of the Registrar of Companies,

(v) in a Land Titles Office,

(vi) in the office of the Registrar of Vital Statistics, or

(vii) in a registry operated by a public body if that registry is authorized or recognized by an enactment and public access to the registry is normally permitted;

(m) a personal record or constituency record of an elected member of a local public body;

(n) a personal record of an appointed or elected member of the governing body of a local public body;

(o) a personal record or constituency record of a member of the Executive Council;

(p) a record created by or for the office of the Speaker of the Legislative Assembly or the office of a Member of the Legislative Assembly that is in the custody or control of the Legislative Assembly Office;

(q) a record created by or for

(i) a member of the Executive Council,

(ii) a Member of the Legislative Assembly, or

(iii) a chair of a Provincial agency as defined in the Financial Administration Act who is a Member of the Legislative Assembly that has been sent or is to be sent to a member of the Executive Council, a Member of the Legislative Assembly or a chair of a Provincial agency as defined in the Financial Administration Act who is a Member of the Legislative Assembly;

(r) a record in the custody or control of ATB Financial other than a record that relates to a non-arm’s length transaction between the Government of Alberta and another party;

(s) a record relating to the business or affairs of Credit Union Central Alberta Limited, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of administering or enforcing the Credit Union Act or the regulations under it, other than a record that relates to a non-arm’s length transaction between the Government and another party;

(t) a record of the information referred to in section 120(3) of the Credit Union Act or respecting loans made by a credit union that are subsequently assumed by the Credit Union Deposit Guarantee Corporation;

(u) health information as defined in the Health Information Act that is in the custody or under the control of a public body that is a custodian as defined in the Health Information Act.

(2) In this section and sections 23(1)(b) and 94(1)(n), governing body

(a) in relation to a university, means the board of governors or the general faculties council as described in the Post-secondary Learning Act,

(b) in relation to a comprehensive community college, means the board of governors or the academic council as described in the Post-secondary Learning Act, and

(c) in relation to a polytechnic institution, means the board of governors or the academic council as described in the Post-secondary Learning Act.

(3) In this section, judicial administration record means a record containing information relating to a judge of the Court of Appeal of Alberta, the Court of King’s Bench of Alberta or the Alberta Court of Justice or to an applications judge of the Court of King’s Bench of Alberta or a justice of the peace other than a non-presiding justice of the peace under the Justice of the Peace Act, and includes

(a) the scheduling of judges and trials,

(b) the content of judicial training programs,

(c) statistics of judicial activity prepared by or for a judge, and

(d) any record of the Judicial Council established under Part 6 of the Judicature Act.

(4) For the purposes of subsection (1)(r) and (s), a non-arm’s length transaction is any transaction that has been approved

(a) by the Executive Council or any of its committees,

(b) by the Treasury Board or any of its committees, or

(c) by a member of the Executive Council.

If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails unless

(a) another Act, or

(b) a regulation under this Act expressly provides that the other Act or regulation, or a provision of it, prevails despite this Act.

This Act applies to any record in the custody or under the control of a public body regardless of whether it comes into existence before or after this Act comes into force.

This Act applies to all records in the custody or under the control of a public body but does not apply to

(a) information in a court record, a record of a judge, master or justice of the peace, a judicial administration record or a record relating to support services provided to a judge or judicial officer of a court;

(b) a note made by or for, or a communication or draft decision of, a person who is acting in a judicial or quasi-judicial capacity;

(c) a record of a Member of the Legislative Assembly who is not a minister;

(d) a personal or constituency record of a minister;

(e) a record made by or for an officer of the Legislative Assembly;

(f) a record made by or for an elected official of a local public body relating to constituency matters;

(g) teaching materials or research information of an employee of an educational institution;

(h) a question that is to be used on an examination or test;

(i) a record relating to a prosecution or an inquest under The Fatality Inquiries Act if all proceedings concerning the prosecution or inquest have not been completed;

(j) records acquired by the Archives of Manitoba or the archives of a public body from a person or entity other than a public body; and

(k) a record originating from a credit union that is in the custody or under the control of the Deposit Guarantee Corporation of Manitoba under The Credit Unions and Caisses Populaires Act.

If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails unless the other enactment expressly provides that the other enactment applies despite this Act.

(1) This Act does not apply to records placed in the archives of an educational institution or the Archives of Ontario by or on behalf of a person or organization other than,

(a) an institution as defined in this Act or in the Municipal Freedom of Information and Protection of Privacy Act; or

(b) a health information custodian as defined in the Personal Health Information Protection Act, 2004. 2005, c. 28, Sched. F, s. 8 (1).

(2) Repealed: 2004, c. 3, Sched. A, s. 81 (7).

Idem

(3) This Act does not apply to notes prepared by or for a person presiding in a proceeding in a court of Ontario if those notes are prepared for that person’s personal use in connection with the proceeding. R.S.O. 1990, c. F.31, s. 65 (3).

Same

(3.1) This Act does not apply to personal notes, draft decisions, draft orders and communications related to draft decisions or draft orders that are created by or for a person who is acting in a quasi-judicial capacity. 2019, c. 7, Sched. 60, s. 9.

Same

(4) This Act does not apply to anything contained in a judge’s performance evaluation under section 51.11 of the Courts of Justice Act or to any information collected in connection with the evaluation. 1994, c. 12, s. 49.

Same

(5) This Act does not apply to a record of the Ontario Judicial Council, whether in the possession of the Judicial Council or of the Attorney General, if any of the following conditions apply:

1. The Judicial Council or its subcommittee has ordered that the record or information in the record not be disclosed or made public.

2. The Judicial Council has otherwise determined that the record is confidential.

3. The record was prepared in connection with a meeting or hearing of the Judicial Council that was not open to the public. 1994, c. 12, s. 49.

Same

(5.1) This Act does not apply to a record of a committee investigating a complaint against a case management master under section 86.2 of the Courts of Justice Act, whether in the possession of the committee, the Chief Justice of the Superior Court of Justice, the Attorney General or any other person, if any of the following conditions apply:

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 65 (5.1) of the Act is amended by striking out A case management master in the portion before paragraph 1 and substituting An associate judge. (See: 2021, c. 4, Sched. 3, s. 22)

1. The committee has ordered that the record or information in the record not be disclosed or made public.

2. The record was prepared in connection with the committee’s investigation of the complaint and the complaint was not dealt with in a manner that was open to the public. 1996, c. 25, s. 6; 2002, c. 18, Sched. K, s. 11.

Same

(5.2) This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed. 2006, c. 34, Sched. C, s. 11.

Same

(5.3) This Act does not apply to the ecclesiastical records of a church or religious organization that is affiliated with an educational institution or a hospital. 2010, c. 25, s. 24 (17).

Same

(5.4) This Act does not apply to records that relate to the operations of a hospital foundation. 2010, c. 25, s. 24 (17).

Same

(5.5) This Act does not apply to the administrative records of a member of a health profession listed in Schedule 1 to the Regulated Health Professions Act, 1991 that relate to the member’s personal practice. 2010, c. 25, s. 24 (17).

Same

(5.6) This Act does not apply to records relating to charitable donations made to a hospital. 2010, c. 25, s. 24 (17).

(5.7) Repealed: 2017, c. 19, Sched. 2, s. 1 (1).

Same

(6) Subject to subsection (7), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.

4. Meetings, consultations, discussions or communications about the appointment or placement of any individual by a church or religious organization within an institution, or within the church or religious organization.

5. Meetings, consultations, discussions or communications about applications for hospital appointments, the appointments or privileges of persons who have hospital privileges, and anything that forms part of the personnel file of those persons. 1995, c. 1, s. 82; 2010, c. 25, s. 24 (18).

Exception

(7) This Act applies to the following records:

1. An agreement between an institution and a trade union.

2. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment-related matters.

3. An agreement between an institution and one or more employees resulting from negotiations about employment-related matters between the institution and the employee or employees.

4. An expense account submitted by an employee of an institution to that institution for the purpose of seeking reimbursement for expenses incurred by the employee in his or her employment. 1995, c. 1, s. 82.

Information relating to adoptions

(8) This Act does not apply with respect to the following:

1. Notices registered under section 48.3 of the Vital Statistics Act and notices and information registered under section 48.4 of that Act.

2. Disclosure vetoes registered under section 48.5 of the Vital Statistics Act.

3. Information and records in files that are unsealed under section 48.6 of that Act.

4. Revoked: 2017, c. 14, Sched. 4, s. 14 (1).

2005, c. 25, s. 34; 2016, c. 23, s. 49 (2); 2017, c. 14, Sched. 4, s. 14 (1).

Exception

(8.1) This Act does not apply,

(a) to a record respecting or associated with research conducted or proposed by an employee of an educational institution or by a person associated with an educational institution;

(b) to a record of teaching materials collected, prepared or maintained by an employee of an educational institution or by a person associated with an educational institution for use at the educational institution;

(c) to a record respecting or associated with research, including clinical trials, conducted or proposed by an employee of a hospital or by a person associated with a hospital; or

(d) to a record of teaching materials collected, prepared or maintained by an employee of a hospital or by a person associated with a hospital for use at the hospital. 2005, c. 28, Sched. F, s. 8 (2); 2010, c. 25, s. 24 (19).

Note: Subsection 65 (8.1) was enacted as subsection 65 (8) in source law, Statutes of Ontario, 2005, chapter 28, Schedule F, subsection 8 (2). The subsection is renumbered in this consolidation to distinguish it from existing subsection 65 (8), enacted by Statutes of Ontario, 2005, chapter 25, section 34.

Exception

(9) Despite subsection (8.1), the head of the educational institution or hospital shall disclose the subject-matter and amount of funding being received with respect to the research referred to in that subsection. 2005, c. 28, Sched. F, s. 8 (2); 2010, c. 25, s. 24 (20).

Application of Act

(10) Despite subsection (8.1), this Act does apply to evaluative or opinion material compiled in respect of teaching materials or research only to the extent that is necessary for the purpose of subclause 49 (c.1) (i). 2005, c. 28, Sched. F, s. 8 (2).

Non-application of Act

(11) This Act does not apply to identifying information in a record relating to medical assistance in dying. 2017, c. 7, s. 3.

Interpretation

(12) In subsection (11),

Identifying information means information,

(a) that relates to medical assistance in dying, and

(b) that identifies an individual or facility, or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; (Renseignements identificatoires)

Medical assistance in dying means medical assistance in dying within the meaning of section 241.1 of the Criminal Code (Canada). (Aide médicale à mourir) 2017, c. 7, s. 3.

Non-application of Act, provision of abortion services

(13) This Act does not apply to information relating to the provision of abortion services if,

(a) the information identifies an individual or facility, or it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; or

(b) disclosure of the information could reasonably be expected to threaten the health or safety of an individual, or the security of a facility or other building. 2017, c. 19, Sched. 2, s. 1 (2).

Same, pharmacies

(14) A reference in subsection (13) to a facility includes reference to a pharmacy, hospital pharmacy or institutional pharmacy, as those terms are defined in subsection 1 (1) of the Drug and Pharmacies Regulation Act. 2017, c. 19, Sched. 2, s. 1 (2).

Related statistical information

(15) For greater certainty, this Act applies to statistical or other information relating to the provision of abortion services that does not meet the conditions of clause (13) (a) or (b). 2017, c. 19, Sched. 2, s. 1 (2).

Adjudicative records

(16) This Act does not apply to adjudicative records, within the meaning of the Tribunal Adjudicative Records Act, 2019, referred to in subsection 2 (1) of that Act.

(1) This Act prevails over a confidentiality provision in any other Act unless subsection (2) or the other Act specifically provides otherwise. R.S.O. 1990, c. F.31, s. 67 (1).

Idem

(2) The following confidentiality provisions prevail over this Act:

1. Subsection 53 (1) of the Assessment Act.

2. Subsections 87 (8), (9) and (10), 98 (9) and (10), 130 (6) and 163 (6) and section 227 of the Child, Youth and Family Services Act, 2017.

3. Section 68 of the Colleges Collective Bargaining Act, 2008.

4. Section 12 of the Commodity Futures Act.

5. Repealed: 1993, c. 38, s. 65.

6. Subsection 137 (2) of the Courts of Justice Act.

7. Subsection 119 (1) of the Labour Relations Act, 1995.

7.0.1 Sections 89 and 90 and subsection 92 (6) of the Legal Aid Services Act, 1998.

7.0.1 Sections 40 and 42 of the Legal Aid Services Act, 2020.

7.1 Section 40.1 of the Occupational Health and Safety Act.

8. Subsection 32 (4) of the Pay Equity Act.

8.1 Repealed: 2006, c. 35, Sched. C, s. 47 (3).

9. Sections 16 and 17 of the Securities Act.

10. Subsection 4 (2) of the Statistics Act.

11. Subsection 28 (2) of the Vital Statistics Act.

(1) This Act applies to any record in the custody or under the control of an institution regardless of whether it was recorded before or after this Act comes into force.

Hospitals

(2) Despite subsection (1), this Act only applies to records in the custody or under the control of a hospital where the records came into the custody or under the control of the hospital on or after January 1, 2007.

This Act applies to the Assembly, but only in respect of records of reviewable expenses of the Opposition leaders and the persons employed in their offices and in respect of the personal information contained in those records. 2002, c. 34, Sched. B, s. 2.

Sections 11, 31, 32, 33, 34, 36, 44, 45 and 46 do not apply with respect to the Assembly. 2002, c. 34, Sched. B, s. 2.

Subsection (1) does not apply to personal information collected under Part III.1 (Data Integration) or to records produced from that information under that Part that are not de-identified. 2019, c. 7, Sched. 31, s. 1 (2).

The exemption in subsection (1) is in addition to any other exemptions in this Act. 2005, c. 28, Sched. F, s. 3.

This Act applies as if a new request were being made on each of the dates shown in the schedule. R.S.O. 1990, c. F.31, s. 24 (5).

This Part does not apply to personal information that is maintained for the purpose of creating a record that is available to the general public. R.S.O. 1990, c. F.31, s. 37.

With the exception of sections 47 to 49, this Part does not apply to personal information that is collected by a member of a multi-sector data integration unit or a ministry data integration unit under Part III.1. 2019, c. 7, Sched. 31, s. 3; 2020, c. 5, Sched. 2, s. 1 (1).

Where an extra-ministerial data integration unit is not an institution, sections 47 to 49 apply, with any modifications prescribed by the regulations, to personal information that is collected by a member of the extra-ministerial data integration unit under Part III.1 as if the extra-ministerial data integration unit were an institution and, for that purpose, the senior officer of the unit shall be considered the head. 2020, c. 5, Sched. 2, s. 1 (2).

Where an extra-ministerial data integration unit is not an institution, or part of an institution, the extra-ministerial data integration unit is deemed to also be an institution under this Act, but only in respect of personal information that is collected by a member of the extra-ministerial data integration unit under this Part, and, for that purpose, its senior officer is deemed to be the head of the institution. 2023, c. 4, Sched. 3, s. 3.

The application of this Act to an extra-ministerial data integration unit and its senior officer under subsection (1) is subject to the following modifications:

1. Sections 31, 32 and 33 do not apply with respect to the extra-ministerial data integration unit.

2. Section 62 shall be read without reference to subsection 62 (3).

3. Any other modifications prescribed by the regulations. 2023, c. 4, Sched. 3, s. 3.

The Statutory Powers Procedure Act does not apply to a review conducted under this section. 2019, c. 7, Sched. 31, s. 6.

Part III (Regulations) of the Legislation Act, 2006 does not apply to the data standards. 2019, c. 7, Sched. 31, s. 6.

The Ombudsman Act does not apply in respect of a complaint for which an appeal is provided under this Act or the Municipal Freedom of Information and Protection of Privacy Act, a complaint respecting a review conducted by the Commissioner under section 49.12 or an order made by the Commissioner under that section or to the Commissioner or the Commissioner’s delegate acting under this Act or the Municipal Freedom of Information and Protection of Privacy Act. R.S.O. 1990, c. F.31, s. 50 (4); 2019, c. 7, Sched. 31, s. 7.

The Statutory Powers Procedure Act does not apply to an inquiry under subsection (1). R.S.O. 1990, c. F.31, s. 52 (2).

This Act does not apply to records placed in the archives of an educational institution or the Archives of Ontario by or on behalf of a person or organization other than,

(a) an institution as defined in this Act or in the Municipal Freedom of Information and Protection of Privacy Act; or

(b) a health information custodian as defined in the Personal Health Information Protection Act, 2004. 2005, c. 28, Sched. F, s. 8 (1).

(2) Repealed: 2004, c. 3, Sched. A, s. 81 (7).

This Act does not apply to notes prepared by or for a person presiding in a proceeding in a court of Ontario if those notes are prepared for that person’s personal use in connection with the proceeding. R.S.O. 1990, c. F.31, s. 65 (3).

This Act does not apply to personal notes, draft decisions, draft orders and communications related to draft decisions or draft orders that are created by or for a person who is acting in a quasi-judicial capacity. 2019, c. 7, Sched. 60, s. 9.

This Act does not apply to anything contained in a judge’s performance evaluation under section 51.11 of the Courts of Justice Act or to any information collected in connection with the evaluation. 1994, c. 12, s. 49.

This Act does not apply to a record of the Ontario Judicial Council, whether in the possession of the Judicial Council or of the Attorney General, if any of the following conditions apply:

1. The Judicial Council or its subcommittee has ordered that the record or information in the record not be disclosed or made public.

2. The Judicial Council has otherwise determined that the record is confidential.

3. The record was prepared in connection with a meeting or hearing of the Judicial Council that was not open to the public. 1994, c. 12, s. 49.

This Act does not apply to a record of a committee investigating a complaint against an associate judge under section 86.2 of the Courts of Justice Act, whether in the possession of the committee, the Chief Justice of the Superior Court of Justice, the Attorney General or any other person, if any of the following conditions apply:

1. The committee has ordered that the record or information in the record not be disclosed or made public.

2. The record was prepared in connection with the committee’s investigation of the complaint and the complaint was not dealt with in a manner that was open to the public. 1996, c. 25, s. 6; 2002, c. 18, Sched. K, s. 11; 2021, c. 4, Sched. 3, s. 22.

This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed. 2006, c. 34, Sched. C, s. 11.

This Act does not apply to the ecclesiastical records of a church or religious organization that is affiliated with an educational institution or a hospital. 2010, c. 25, s. 24 (17).

This Act does not apply to records that relate to the operations of a hospital foundation. 2010, c. 25, s. 24 (17).

This Act does not apply to the administrative records of a member of a health profession listed in Schedule 1 to the Regulated Health Professions Act, 1991 that relate to the member’s personal practice. 2010, c. 25, s. 24 (17).

This Act does not apply to records relating to charitable donations made to a hospital. 2010, c. 25, s. 24 (17).

Subject to subsection (7), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.

4. Meetings, consultations, discussions or communications about the appointment or placement of any individual by a church or religious organization within an institution, or within the church or religious organization.

5. Meetings, consultations, discussions or communications about applications for hospital appointments, the appointments or privileges of persons who have hospital privileges, and anything that forms part of the personnel file of those persons. 1995, c. 1, s. 82; 2010, c. 25, s. 24 (18).

This Act applies to the following records:

1. An agreement between an institution and a trade union.

2. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment-related matters.

3. An agreement between an institution and one or more employees resulting from negotiations about employment-related matters between the institution and the employee or employees.

4. An expense account submitted by an employee of an institution to that institution for the purpose of seeking reimbursement for expenses incurred by the employee in his or her employment. 1995, c. 1, s. 82.

This Act does not apply with respect to the following:

1. Notices registered under section 48.3 of the Vital Statistics Act and notices and information registered under section 48.4 of that Act.

2. Disclosure vetoes registered under section 48.5 of the Vital Statistics Act.

3. Information and records in files that are unsealed under section 48.6 of that Act.

4. Revoked: 2017, c. 14, Sched. 4, s. 14 (1).

This Act does not apply,

(a) to a record respecting or associated with research conducted or proposed by an employee of an educational institution or by a person associated with an educational institution;

(b) to a record of teaching materials collected, prepared or maintained by an employee of an educational institution or by a person associated with an educational institution for use at the educational institution;

(c) to a record respecting or associated with research, including clinical trials, conducted or proposed by an employee of a hospital or by a person associated with a hospital; or

(d) to a record of teaching materials collected, prepared or maintained by an employee of a hospital or by a person associated with a hospital for use at the hospital. 2005, c. 28, Sched. F, s. 8 (2); 2010, c. 25, s. 24 (19).

Despite subsection (8.1), this Act does apply to evaluative or opinion material compiled in respect of teaching materials or research only to the extent that is necessary for the purpose of subclause 49 (c.1) (i). 2005, c. 28, Sched. F, s. 8 (2).

This Act does not apply to identifying information in a record relating to medical assistance in dying. 2017, c. 7, s. 3.

“This Act does not apply to information relating to the provision of abortion services if,

(a) the information identifies an individual or facility, or it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; or

(b) disclosure of the information could reasonably be expected to threaten the health or safety of an individual, or the security of a facility or other building. 2017, c. 19, Sched. 2, s. 1 (2).”

For greater certainty, this Act applies to statistical or other information relating to the provision of abortion services that does not meet the conditions of clause (13) (a) or (b). 2017, c. 19, Sched. 2, s. 1 (2).

This Act does not apply to adjudicative records, within the meaning of the Tribunal Adjudicative Records Act, 2019, referred to in subsection 2 (1) of that Act. 2019, c. 7, Sched. 60, s. 9.

This Act does not apply to records prepared by the Assembly with respect to the Queen’s Park Restoration Project until 20 years after the Queen’s Park Restoration Secretariat Act, 2023 is repealed. 2023, c. 7, Sched. 3, s. 1.

This section applies with respect to a service provider organization as defined in section 17.1 of the Ministry of Government Services Act. 2006, c. 34, Sched. F, s. 1 (2).

This Act does not apply to Hydro One Inc. and its subsidiaries on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent. 2015, c. 20, Sched. 13, s. 1 (2).

This Act applies to any record in the custody or under the control of an institution regardless of whether it was recorded before or after this Act comes into force. R.S.O. 1990, c. F.31, s. 69.

Despite subsection (1), this Act only applies to records in the custody or under the control of a hospital where the records came into the custody or under the control of the hospital on or after January 1, 2007. 2010, c. 25, s. 24 (21).

52 (1) This Act applies to any record in the custody or under the control of an institution regardless of whether it was recorded before or after the 1st day of January, 1991. R.S.O. 1990, c. M.56, s. 52 (12).

Non-application of Act

(2) This Act does not apply to records placed in the archives of an institution by or on behalf of a person or organization other than the institution. R.S.O. 1990, c. M.56, s. 52 (2).

Same

(2.1) This Act does not apply to a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed. 2006, c. 34, Sched. C, s. 20.

Same

(3) Subject to subsection (4), this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. 1995, c. 1, s. 83.

Exception

(4) This Act applies to the following records:

1. An agreement between an institution and a trade union.

2. An agreement between an institution and one or more employees which ends a proceeding before a court, tribunal or other entity relating to labour relations or to employment-related matters.

3. An agreement between an institution and one or more employees resulting from negotiations about employment-related matters between the institution and the employee or employees.

4. An expense account submitted by an employee of an institution to that institution for the purpose of seeking reimbursement for expenses incurred by the employee in his or her employment. 1995, c. 1, s. 83.

Non-application of Act

(5) This Act does not apply to identifying information in a record relating to medical assistance in dying. 2017, c. 7, s. 4.

Interpretation

(6) In subsection (5),

Identifying information means information,

(a) that relates to medical assistance in dying, and

(b) that identifies an individual or facility, or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify an individual or facility; (Renseignements identificatoires)

Medical assistance in dying means medical assistance in dying within the meaning of section 241.1 of the Criminal Code (Canada). (Aide médicale à mourir) 2017, c. 7, s. 4.

52.1 (1) This Act does not apply to Hydro One Inc. and its subsidiaries on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent. 2015, c. 20, Sched. 28, s. 1.

Transition, Minister’s report

(2) The publication of information required by section 24 on or after the date described in subsection (1) must not include information about Hydro One Inc. and its subsidiaries. 2015, c. 20, Sched. 28, s. 1.

Transition, request for continuing access

(3) If a person had made a request under subsection 17 (3) for continuing access to a record of Hydro One Inc. or a subsidiary before the date described in subsection (1), and if the specified period for which access is requested expires after April 23, 2015, the specified period is deemed to have expired on April 23, 2015. 2015, c. 20, Sched. 28, s. 1.

Repeal

(4) Subsection (3) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor. 2015, c. 20, Sched. 28, s. 1.

Transition

(5) Despite subsection (1), for a period of six months after the date described in that subsection,

(a) the Commissioner may continue to exercise all of his or her powers under section 41 (inquiry) and clause 46 (b) (certain orders) in relation to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before that date; and

(b) Hydro One Inc. and its subsidiaries continue to have the duties of an institution under this Act in relation to the exercise of the Commissioner’s powers mentioned in clause (a). 2015, c. 20, Sched. 28, s. 1.

Continuing authority to issue orders, etc.

(6) The powers and duties of the Commissioner to issue orders under section 41 and clause 46 (b) with respect to matters mentioned in subsection (5) continue for an additional six months after the expiry of the six-month period described in that subsection. 2015, c. 20, Sched. 28, s. 1.

Orders binding

(7) An order issued within the time described in subsection (6) is binding on Hydro One Inc. or its subsidiaries, as the case may be. 2015, c. 20, Sched. 28, s. 1.

Repeal

(8) Subsections (5), (6) and (7) and this subsection are repealed on a day to be named by proclamation of the Lieutenant Governor. 2015, c. 20, Sched. 28, s. 1.

53 (1) This Act prevails over a confidentiality provision in any other Act unless the other Act or this Act specifically provides otherwise. R.S.O. 1990, c. M.56, s. 53 (1).

Idem

(2) The following confidentiality provisions prevail over this Act:

1. Subsection 88 (6) of the Municipal Elections Act, 1996.

2. Subsection 53 (1) of the Assessment Act. R.S.O. 1990, c. M.56, s. 53 (2); 1996, c. 32, s. 77.

54 Any right or power conferred on an individual by this Act may be exercised,

(a) if the individual is deceased, by the individual’s personal representative if exercise of the right or power relates to the administration of the individual’s estate;

(b) by the individual’s attorney under a continuing power of attorney, the individual’s attorney under a power of attorney for personal care, the individual’s guardian of the person, or the individual’s guardian of property; and

(c) if the individual is less than sixteen years of age, by a person who has lawful custody of the individual.

This Act applies to documents kept by a public body in the exercise of its duties, whether it keeps them itself or through the agency of a third party.

This Act applies whether the documents are recorded in writing or print, on sound tape or film, in computerized form, or otherwise.

This Act also applies to documents held by a professional order, to the extent provided by the Professional Code (chapter C-26).

This Act does not apply to

(1) the acts and the register of civil status;

(2) the registers and other documents kept by the registrars for publication purposes;

(3) the registry of lobbyists provided for by the Lobbying Transparency and Ethics Act (chapter T-11.011);

(3.1) the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(4) private archives referred to in section 27 of the Archives Act (chapter A‐21.1);

(5) health and social servies information within the meaning of the Act respecting health and social services information and amending various legislative provisions (2023, chapter 5) held by a health and social services body within the meaning of that Act.

Access to documents contained in a file respecting the adoption of a person held by a public body and the protection of the personal information contained in such a file are governed by the Civil Code and other legislation respecting adoption.

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 5 of section 123 and the powers contemplated in subparagraph 2 of the first paragraph of section 127 and in section 128.1.

Access to documents contained in a file held by the Public Curator on a person whom he represents or whose property he administers, and the protection of the personal information contained in such a file, are governed by the Public Curator Act (chapter C-81).

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 6 of section 123 and the powers contemplated in subparagraph 3 of the first paragraph of section 127 and in section 128.1.

Sections 63.1 to 63.4, 64 to 66 and 67.3 to 76 do not apply to documents transferred to Bibliothèque et Archives nationales in accordance with the Archives Act (chapter A-21.1).

Sections 63.1 to 63.4, 64 to 66, 67.3, 67.4 and 71 to 76 do not apply to information released to the Institut de la statistique du Québec in accordance with the Act respecting the Institut de la statistique du Québec (chapter I-13.011).

(1) This Act applies to all records in the custody or under the control of a public body, including court administration records.

(2) Notwithstanding subsection (1), this Act does not apply to

(a) published material or material that is available for purchase by the public;

(b) material that is a matter of public record;

(c) a record in a court file, a record of a judge of the Court of Appeal, Supreme Court, Family Court or Provincial Court, a judicial administration record or a record relating to support services provided to the judges of those courts;

(d) a note, communication or draft decision of a person acting in a judicial or quasi-judicial capacity;

(e) a record that is created by or is in the custody of the Conflict of Interest Commissioner appointed pursuant to the Conflict of Interest Act, the Ombudsman or the Review Officer and that relates to the exercise of that person’s functions pursuant to an enactment;

(f) a record of a question that is to be used on an examination or test;

(g) material placed in the custody of the Public Archives of Nova Scotia by or for a person, agency or other organization, other than a public body;

(h) material placed in the archives of a public body by or for a person, agency or other organization other than the public body;

(i) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; or

(j) a record of each representation made on behalf of a public body to the Review Officer in the course of a review pursuant to Section 32 and all material prepared for the purpose of making the representation.

(3) This Act does not

(a) limit the information otherwise available by law to a party to litigation including a civil, criminal or administrative proceeding;

(b) affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents;

(c) prohibit the transfer, storage or destruction of any record in accordance with any other Act or any regulation;

(d) prevent access to records maintained in a public office for the purpose of providing public access to information; or

(e) restrict disclosure of information for the purpose of a prosecution.

This Act applies to all records in the custody or under the control of a public body, including court administration records.

Notwithstanding subsection (1), this Act does not apply to

(a) published material or material that is available for purchase by the public;

(b) material that is a matter of public record;

(c) a record in a court file, a record of a judge of the Court of Appeal, Supreme Court, Family Court or Provincial Court, a judicial administration record or a record relating to support services provided to the judges of those courts;

(d) a note, communication or draft decision of a person acting in a judicial or quasi-judicial capacity;

(e) a record that is created by or is in the custody of the Conflict of Interest Commissioner appointed pursuant to the Conflict of Interest Act, the Ombudsman or the Review Officer and that relates to the exercise of that person’s functions pursuant to an enactment;

(f) a record of a question that is to be used on an examination or test

(g) material placed in the custody of the Public Archives of Nova Scotia by or for a person, agency or other organization, other than a public body;

(h) material placed in the archives of a public body by or for a person, agency or other organization other than the public body;

(i) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; or

(j) a record of each representation made on behalf of a public body to the Review Officer in the course of a review pursuant to Section 32 and all material prepared for the purpose of making the representation.

This Act does not

(a) limit the information otherwise available by law to a party to litigation including a civil, criminal or administrative proceeding;

(b) affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents;

(c) prohibit the transfer, storage or destruction of any record in accordance with any other Act or any regulation;

(d) prevent access to records maintained in a public office for the purpose of providing public access to information; or

(e) restrict disclosure of information for the purpose of a prosecution. 1993, c. 5, s. 4; 1999 (2nd Sess.), c.11, ss. 3, 23; 2010, c.35, s. 36.

Where there is a conflict between a provision of this Act and a provision of any other enactment and the provision of the other enactment restricts or prohibits access by any person to a record, the provision of this Act prevails over the provision of the other enactment unless subsection (2) or the other enactment states that the provision of the other enactment prevails over the provision of this Act.

The following enactments that restrict or prohibit access by any person to a record prevail over this Act:

(a) subsection 121(2) of the Canada-Nova Scotia Offshore Resources Accord Implementation (Nova Scotia) Act;

(aa) subsection 5(2) of the Child Pornography Reporting Act;

(b) Section 19 of the Consumer Reporting Act;

(c) Section 51 of the Corporation Capital Tax Act;

(d) Section 7 of the Emergency 911 Act;

(da) subsection 8(4) of the Fisheries and Coastal Resources Act;

(e) Section 19 of the Forests Act;

(f) Section 17 and subsection 104(2) of the Health Protection Act;

(g) repealed 2010, c. 41, s. 111.

(ga) Section 53A of the Interjurisdictional Support Orders Act;

(h) subsection (7) of Section 9 of the Juries Act;

(i) Section 28 of the Labour Standards Code;

(j) Section 32 of the Maintenance Enforcement Act;

(ja) Section 57 of the Marine Renewable-energy Act;

(k) subsection (2) of Section 87 and Sections 150 and 175 of the Mineral Resources Act;

(l) subsection (5) of Section 7B, subsection (8) of Section 7C, subsection (6) of Section 98 and subsection (3) of Section 278E of the Motor Vehicle Act;

(m) Sections 53, 61 and 62 of the Occupational Health and Safety Act;

(n) subsection (3) of Section 15 of the Pension Benefits Act;

(o) Sections 72 and 100 of the Petroleum Resources Regulations made pursuant to the Petroleum Resources Act;

(p) subsection (4) of Section 21 of the Primary Forest Products Marketing Act;

(q) Section 48 of the Public Trustee Act;

(r) Section 9 of the Statistics Act;

(s) subsection (3) of Section 9 of the Procedure Regulations made pursuant to the Trade Union Act;

(t) subsection (8) of Section 37 and Section 45 of the Vital Statistics Act;

(u) Sections 23 and 24 of the Young Persons’ Summary Proceedings Act.

The Governor in Council may, by regulation, amend subsection (2) by

(a) adding to that subsection a reference to an enactment;

(b) deleting a reference to an enactment from that subsection.

Notwithstanding any other provision in this Act, the provisions in the Vital Statistics Act relating to

(a) rights of access to personal information, including the right to request a search of personal information;

(b) remedial rights relating to the rights described in clause(a);

(c) correction of personal information; and

(d) procedures relating to the matters referred to in clauses (a) to (c), including the payment of fees and the searching of and obtaining access to personal information, apply in place of the provisions in this Act respecting the matters in clauses (a) to (d).

repealed 2010, c. 41, s. 111.

(1) This Act

(a) is in addition to and does not replace existing procedures for access to records or information normally available to the public, including any requirement to pay fees,

(b) does not prohibit the transfer, storage or destruction of any record in accordance with any other Act of the Legislature or of the Parliament of Canada or a by-law or resolution of a government body or local public body,

(c) does not limit the information otherwise available by law to a party to legal proceedings,

(d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of documents, and

(e) does not affect the power of an officer of the Legislative Assembly to compel a witness to testify or to compel the production of documents.

This Act applies to all records in the custody of or under the control of a public body except for the records under section 4.

If a provision of this Act is inconsistent with or in conflict with a provision of another Act of the Legislature, the provision of this Act prevails unless the other Act of the Legislature expressly provides that it, or a provision of it, prevails despite this Act.

This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

(a) information in a court file, a record of a judge of the Court of Appeal of Prince Edward Island, the Supreme Court of Prince Edward Island or the Provincial Court of Prince Edward Island, a record of the Prothonotary, a record of a sitting justice of the peace, a judicial administration record or a record relating to support services provided to a judge;

(b) a personal note, communication or draft decision created by or for a person who is acting in a judicial or quasi-judicial capacity;

(c) a record that is created by or for or is in the custody or under the control of an officer of the Legislative Assembly and relates to the exercise of that officer’s functions under an enactment;

(d) a record that is created by or for or is in the custody or under the control of the Conflict of Interest Commissioner and relates to any advice relating to conflicts of interest whether or not the advice was given under the Conflict of Interest Act;

(e) a question that is to be used on an examination or test;

(e.1) teaching materials

(i) of an employee of a designated educational body,

(ii) of a designated educational body, or

(iii) of both an employee of a designated educational body and the designated educational body;

(e.2) research information of an employee of a designated educational body;

(f) material that has been deposited in the Public Archives and Records Office or the archives of a public body by or for a person or entity other than a public body;

(f.1) published works collected by a library of a public body in accordance with the library’s acquisition of materials policy;

(g) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed;

(h) a record made from information

(i) in a registry of documents relating to personal property,

(ii) in the office of the Director of Corporations,

(iii) in the office of the Registrar of Deeds,

(iv) in an office of a division registrar, district registrar, or the Office of the Director, as defined in the Vital Statistics Act R.S.P.E.I. 1988, Cap. V-4.1, or

(v) in a registry operated by a public body if that registry is authorized or recognized by an enactment and public access to the registry is normally permitted;

(h.1) a personal record or constituency record of an elected or appointed member of a public body;

(h.2) a personal record of an elected official of or of an appointed or elected member of the governing body of a local public body;

(i) a personal record or constituency record of a member of the Executive Council;

(j) a record created by or for the office of the Speaker of the Legislative Assembly or the office of a member of the Legislative Assembly;

(k) a record created by or for

(i) a member of the Executive Council, or

(ii) a member of the Legislative Assembly that has been sent or is to be sent to a member of the Executive Council or a member of the Legislative Assembly;

(l) a record relating to the business or affairs of Credit Union Deposit Insurance Corporation of Prince Edward Island, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of administering or enforcing the Credit Unions Act R.S.P.E.I. 1988, Cap. C-29.1 or the regulations under it, other than a record that relates to a non-arm’s length transaction between the Government and another party;

(m) a record relating to the business or affairs of the Credit Union Deposit Insurance Corporation, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of administering or enforcing the Credit Unions Act R.S.P.E.I. 1988, Cap. C-29.1 or the regulations under it, other than a record that relates to a non-arm’s length transaction between the Government and another party;

(n) personal health information as defined in the Health Information Act R.S.P.E.I. 1988, Cap. H-1.41, that is in the custody or control of a public body that is a custodian as defined in the Health Information Act. Part I does not apply to certain records (1.1) Notwithstanding subsection (1), Part I does not apply to a record that is created by or for, or is in the custody or under the control of, a local public body before the date that this Act applies with respect to that local public body. Judicial administration record (2) In this section, “judicial administration record” means a record containing information relating to

(a) the scheduling of judges and trials;

(b) the content of judicial training programs;

(c) statistics of judicial activity prepared by or for a judge; and

(d) any record of a judicial council. Non-arm’s length transaction For the purposes of clauses (1)

(l) and

(m), a non-arm’s length transaction is any transaction that has been approved

(a) by the Executive Council or any of its committees; or

(b) by a member of the Executive Council.

(1) Repealed by 2001,c.37,s.5. Relationship to other Acts (2) If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails unless

(a) another Act; or

(b) a regulation under this Act expressly provides that the other Act or regulation, or a provision of it, prevails despite this Act. Commencement (3) Subsection (1) is repealed, and subsection (2) comes into force, two years after the day on which section 6 comes into force.

This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

(a) information in a court file, a record of a judge of the Court of Appeal of Prince Edward Island, the Supreme Court of Prince Edward Island or the Provincial Court of Prince Edward Island, a record of the Prothonotary, a record of a justice of the peace, a judicial administration record or a record relating to support services provided to a judge;

(b) a personal note, communication or draft decision created by or for a person who is acting in a judicial or quasi-judicial capacity;

(c) a record that is created by or for or is in the custody or under the control of an officer of the Legislative Assembly and relates to the exercise of that officer’s functions under an enactment;

(d) a record that is created by or for or is in the custody or under the control of the Conflict of Interest Commissioner and relates to any advice relating to conflicts of interest whether or not the advice was given under the Conflict of Interest Act;

(d.1) a record that is created by or for or is in the custody or under the control of the Public Interest Disclosure Commissioner or the Office of the Public Interest Disclosure Commissioner or a record related to a disclosure or complaint, and any investigation, findings or recommendations made in relation to a disclosure or complaint, made under the Public Interest Disclosure and Whistleblower Protection Act R.S.P.E.I. 1988, Cap. P-31.01;

(e) a question that is to be used on an examination or test;

(e.1) teaching materials

(i) of an employee of a designated educational body,

(ii) of a designated educational body, or

(iii) of both an employee of a designated educational body and the designated educational body;

(e.2) research information of an employee of a designated educational body;

(f) material that has been deposited in the Public Archives and Records Office or the archives of a public body by or for a person or entity other than a public body;

(f.1) published works collected by a library of a public body in accordance with the library’s acquisition of materials policy;

(g) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed;

(h) a record made from information

(i) in a registry of documents relating to personal property,

(ii) in the office of the Director of Corporations,

(iii) in the office of the Registrar of Deeds,

(iv) in an office of a division registrar, district registrar, or the Office of the Director, as defined in the Vital Statistics Act R.S.P.E.I. 1988, Cap. V-4.1, or

(v) in a registry operated by a public body if that registry is authorized or recognized by an enactment and public access to the registry is normally permitted;

(h.1) a personal record or constituency record of an elected or appointed member of a public body;

(h.2) a personal record of an elected official of or of an appointed or elected member of the governing body of a local public body;

(i) a personal record or constituency record of a member of the Executive Council;

(j) a record created by or for the office of the Speaker of the Legislative Assembly or the office of a member of the Legislative Assembly;

(k) a record created by or for

(i) a member of the Executive Council, or

(ii) a member of the Legislative Assembly that has been sent or is to be sent to a member of the Executive Council or a member of the Legislative Assembly;

(l) a record relating to the business or affairs of Credit Union Deposit Insurance Corporation of Prince Edward Island, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of administering or enforcing the Credit Unions Act R.S.P.E.I. 1988, Cap. C-29.1 or the regulations under it, other than a record that relates to a non-arm’s length transaction between the Government and another party;

(m) a record relating to the business or affairs of the Credit Union Deposit Insurance Corporation, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of administering or enforcing the Credit Unions Act R.S.P.E.I. 1988, Cap. C-29.1 or the regulations under it, other than a record that relates to a non-arm’s length transaction between the Government and another party;

(n) personal health information as defined in the Health Information Act R.S.P.E.I. 1988, Cap. H-1.41, that is in the custody or control of a public body that is a custodian as defined in the Health Information Act

Notwithstanding subsection (1), Part I does not apply to a record that is created by or for, or is in the custody or under the control of, a local public body before the date that this Act applies with respect to that local public body.

Subsection (1) is repealed, and subsection (2) comes into force, two years after the day on which section 6 comes into force. 2001,c.37,s.5; 2002,c.27,s.4.

Clause (1)(e.1) does not apply to information that has been in existence for 10 years or more.

(1) Notwithstanding section 5 , but except as provided in sections 92 to 94 , this Act and the regulations shall not apply and the Personal Health Information Act and regulations under that Act shall apply where

(a) a public body is a custodian; and

(b) the information or record that is in the custody or control of a public body that is a custodian is personal health information.

(2) For the purpose of this section, custodian and personal health information have the meanings ascribed to them in the Personal Health Information Act .

(1) This Act applies to

(a) a request for access to a record that is made on or after the day section 8 comes into force;

(b) a request for correction of personal information that is made on or after the day section 10 comes into force; and

(c) a privacy complaint that is filed by an individual or commenced by the commissioner on or after the day section 73 comes into force.

(2) Part IV, Division 1 applies to and upon the appointment of the next commissioner.

1) The Commissioner in Executive Council may, by regulation, make a provision of this Act applicable to a statutory body, office or entity that is not a public body as if it were a public body.

(2) A regulation made under this section may

(a) establish, and distinguish among, types or classes of statutory bodies, offices or entities;

(b) apply different provisions of this Act to different types or classes of statutory bodies, offices or entities; or

(c) provide for modifications that are necessary to ensure that the differential application of this Act under paragraph (b) is consistent with the purposes of this Act.

“

This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

(a) a record in a court file, a record of a judge of the Nunavut Court of Justice or of the Court of Appeal, or a record of a justice of the peace;

(b) a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity;

(c) a record relating to a prosecution where all proceedings in respect of the prosecution have not been completed;

(d) a question that is to be used on an examination or test;

(e) material placed in Nunavut Archives by or for a person other than a public body;

(f) a record in a registry operated by a public body where public access to the registry is normally permitted; and

(g) a record subject to solicitor-client privilege, if the holder of the privilege is the Legislative Assembly, the Speaker of the legislative Assembly, Management and Services Board, a member of the regular members’ caucus or an independent officer of the legislative Assembly.

“

If a provision of this Act is inconsistent with or in conflict with a provision of any other enactment, the provision of this Act prevails unless the other enactment is an Act, or is made under an Act, that expressly provides that the Act, a provision of the Act or a regulation or order made under the Act prevails despite this Act.

Power to designate Minister

3.2 (1) The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

Marginal note:Power to designate head

(2) The Governor in Council may, by order, designate a person to be the head of a government institution, other than a department or ministry of state, for the purposes of this Act.

For greater certainty, any provision of this Act that applies to a government institution that is a parent Crown corporation applies to any of its wholly-owned subsidiaries within the meaning of section 83 of the Financial Administration Act.

This Part does not apply to

(a) published material, other than material published under Part 2, or material available for purchase by the public;

(b) library or museum material preserved solely for public reference or exhibition purposes; or

(c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of History, the Canadian Museum of Nature, the National Museum of Science and Technology, the Canadian Museum for Human Rights or the Canadian Museum of Immigration at Pier 21 by or on behalf of persons or organizations other than government institutions.

R.S., 1985, c. A-1, s. 68R.S., 1985, c. 1 (3rd Supp.), s. 121990, c. 3, s. 321992, c. 1, s. 143(E)2004, c. 11, s. 222008, c. 9, s. 52010, c. 7, s. 52013, c. 38, s. 112019, c. 18, s. 31

This Part does not apply to any information that is under the control of the Canadian Broadcasting Corporation that relates to its journalistic, creative or programming activities, other than information that relates to its general administration.

2006, c. 9, s. 1592019, c. 18, s. 39

This Part does not apply to any information that is under the control of Atomic Energy of Canada Limited other than information that relates to

(a) its general administration; or

(b) its operation of any nuclear facility within the meaning of section 2 of the Nuclear Safety and Control Act that is subject to regulation by the Canadian Nuclear Safety Commission established under section 8 of that Act.

2006, c. 9, s. 1592019, c. 18, s. 39

This Part does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing,

(a) memoranda the purpose of which is to present proposals or recommendations to Council;

(b) discussion papers the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions;

(c) agenda of Council or records recording deliberations or decisions of Council;

(d) records used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy;

(e) records the purpose of which is to brief ministers of the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d);

(f) draft legislation; and

(g) records that contain information about the contents of any record within a class of records referred to in paragraphs (a) to (f).

For the purposes of subsection (1), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet.

Subsection (1) does not apply to

(a) confidences of the Queen’s Privy Council for Canada that have been in existence for more than twenty years; or

(b) discussion papers described in paragraph (1)(b)

(i) if the decisions to which the discussion papers relate have been made public, or

(ii) where the decisions have not been made public, if four years have passed since the decisions were made.

R.S., 1985, c. A-1, s. 691992, c. 1, s. 144(F)2019, c. 18, s. 39

Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information.

Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information,

(a) all proceedings under this Part in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

(b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

(c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

2001, c. 41, s. 872019, c. 18, s. 39

(1) This Act does not apply to:

        (a) published material or material that is available for purchase by the public;

        (b) material that is a matter of public record; or

       (c) material that is placed in the custody of the Provincial Archives of Saskatchewan by or on behalf of persons or organizations other than government institutions.

(2) This Act binds the Crown.

(3) Subject to the regulations, the following sections apply, with any necessary modification, to offices of members of the Assembly and their employees as if the members and their offices were government institutions:

        (a) sections 24 to 30;

        (b) section 33.

(4) Subject to the regulations, the following sections apply, with any necessary modification, to offices of members of the Executive Council and their employees as if the members and their offices were part of the government institution for which the member of the Executive Council serves as the head:

        (a) sections 24 and 24.1;

        (b) sections 25 to 30;

        (c) section 33.

This Act

        (a) is in addition to and does not replace existing procedures for access to records or information normally available to the public, including any requirement to pay fees;

        (b) does not prohibit the transfer, storage or destruction of any record in accordance with any other enactment of Manitoba or Canada or a by-law or resolution of a government agency or local public body;

        (c) does not limit the information otherwise available by law to a party to legal proceedings; and

        (d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of documents.

This Part does not apply to a record or part of a record to which an individual seeks access if the record contains the individual’s own personal health information.

If an individual makes a request for access to a record under section 8 that contains their own personal health information, the request or the part of it that relates to their information is deemed to be a request under section 5 of The Personal Health Information Act, and that Act applies as if the request had been made under that section.

(1) Repealed: 2016, c. 37, Sched. 18, s. 8.

Hydro One Inc.

(2) This Act does not apply to Hydro One Inc. and its subsidiaries on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent. 2015, c. 20, Sched. 13, s. 1 (2).

Same

(3) The annual publication of information required by section 31 on or after the date described in subsection (2) must not include information about Hydro One Inc. and its subsidiaries. 2015, c. 20, Sched. 13, s. 1 (2).

Same, transition

(4) If a person has made a request under subsection 24 (3) for continuing access to a record of Hydro One Inc. or a subsidiary before the date described in subsection (2), and if the specified period for which access is requested expires after April 23, 2015, the specified period is deemed to have expired on April 23, 2015. 2015, c. 20, Sched. 13, s. 1 (2).

Same, transition

(5) Despite subsection (2), for a period of six months after the date described in that subsection,

        (a) the Commissioner may continue to exercise all of his or her powers under section 52 (inquiry) and clause 59 (b) (certain orders) in relation to Hydro One Inc. and its subsidiaries with respect to matters that occurred and records that were created before that date; and

        (b) Hydro One Inc. and its subsidiaries continue to have the duties of an institution under this Act in relation to the exercise of the Commissioner’s powers mentioned in clause (a). 2015, c. 20, Sched. 13, s. 1 (2).

Continuing authority to issue orders, etc.

(6) The powers and duties of the Commissioner to issue orders under section 54 and clause 59 (b) with respect to matters mentioned in subsection (5) continue for an additional six months after the expiry of the six-month period described in that subsection. 2015, c. 20, Sched. 13, s. 1 (2).

Orders binding

(7) An order issued within the time described in subsection (6) is binding on Hydro One Inc. or its subsidiaries, as the case may be.

(1) Where there is a conflict between a provision of this Act and a provision of any other enactment and the provision of the other enactment restricts or prohibits access by any person to a record, the provision of this Act prevails over the provision of the other enactment unless subsection (2) or the other enactment states that the provision of the other enactment prevails over the provision of this Act.

(2) The following enactments that restrict or prohibit access by any person to a record prevail over this Act:

        (a) subsection 121(2) of the Canada-Nova Scotia Offshore Resources Accord Implementation (Nova Scotia) Act;

                (aa) subsection 5(2) of the Child Pornography Reporting Act;

        (b) Section 19 of the Consumer Reporting Act;

        (c) Section 51 of the Corporation Capital Tax Act;

        (d) Section 7 of the Emergency 911 Act;

                (da) subsection 8(4) of the Fisheries and Coastal Resources Act;

        (e) Section 19 of the Forests Act;

        (f) Section 17 and subsection 104(2) of the Health Protection Act;

        (g) repealed 2010, c. 41, s. 111.

                (ga) Section 53A of the Interjurisdictional Support Orders Act;

        (h) subsection (7) of Section 9 of the Juries Act;

        (i) Section 28 of the Labour Standards Code;

        (j) Section 32 of the Maintenance Enforcement Act;

                (ja) Section 57 of the Marine Renewable-energy Act;

        (k) subsection (2) of Section 87 and Sections 150 and 175 of the Mineral Resources Act;

        (l) subsection (5) of Section 7B, subsection (8) of Section 7C, subsection (6) of Section 98 and subsection (3) of Section 278E of the Motor Vehicle Act;

        (m) Sections 53, 61 and 62 of the Occupational Health and Safety Act;

        (n) subsection (3) of Section 15 of the Pension Benefits Act;

        (o) Sections 72 and 100 of the Petroleum Resources Regulations made pursuant to the Petroleum Resources Act;

        (p) subsection (4) of Section 21 of the Primary Forest Products Marketing Act;

        (q) Section 48 of the Public Trustee Act;

        (r) Section 9 of the Statistics Act;

        (s) subsection (3) of Section 9 of the Procedure Regulations made pursuant to the Trade Union Act;

        (t) subsection (8) of Section 37 and Section 45 of the Vital Statistics Act;

        (u) Sections 23 and 24 of the Young Persons’ Summary Proceedings Act.

(3) The Governor in Council may, by regulation, amend subsection (2) by

        (a) adding to that subsection a reference to an enactment;

        (b) deleting a reference to an enactment from that subsection.

(4) Notwithstanding any other provision in this Act, the provisions in the Vital Statistics Act relating to

        (a) rights of access to personal information, including the right to request a search of personal information;

        (b) remedial rights relating to the rights described in clause(a);

        (c) correction of personal information; and

        (d) procedures relating to the matters referred to in clauses (a) to (c), including the payment of fees and the searching of and obtaining access to personal information, apply in place of the provisions in this Act respecting the matters in clauses (a) to (d).

(5) repealed 2010, c. 41, s. 111.

This Act does not apply to

        (a) information in a court record, a record of a judge, a judicial administration record or a record relating to support services provided to a judge or to a court official,

        (b) a record pertaining to legal affairs that relate to the performance of the duties and functions of the Office of the Attorney General,

        (c) a note made by or for, or a communication or draft decision of, a person who is acting in a judicial or quasi-judicial capacity,

        (d) a record of a member of the Legislative Assembly who is not a Minister of the Crown,

        (e) a personal or constituency record of a Minister of the Crown,

        (f) a record made by or for an officer of the Legislative Assembly,

        (g) a record made by or for an elected official of a local public body relating to constituency matters,

        (h) teaching materials of an employee of an educational institution or other research information of an employee of an educational institution,

        (i) information the release of which is prohibited under the Security of Information Act (Canada),

        (j) a record in the care, custody and control of the Provincial Archives, and

        (k) a record in the care, custody and control of the archives of a public body placed in the archives by or for a person or agency other than the public body.

When the House of Assembly is not in session, the Lieutenant-Governor in Council, on the recommendation of the House of Assembly Management Commission, may by order amend Schedule B, but the order shall not continue in force beyond the end of the next sitting of the House of Assembly.

(1) This Act applies to all records in the custody of or under the control of a public body but does not apply to

        (a) a record in a court file, a record of a judge of the Court of Appeal, Trial Division, or Provincial Court, a judicial administration record or a record relating to support services provided to the judges of those courts;

        (b) a note, communication or draft decision of a person acting in a judicial or quasi-judicial capacity;

        (c) a personal or constituency record of a member of the House of Assembly, that is in the possession or control of the member;

        (d) records of a registered political party or caucus as defined in the House of Assembly Accountability, Integrity and Administration Act;

        (e) a personal or constituency record of a minister;

        (f) a record of a question that is to be used on an examination or test;

        (g) a record containing teaching materials or research information of an employee of a post-secondary educational institution;

        (h) material placed in the custody of the Provincial Archives of Newfoundland and Labrador by or for a person other than a public body;

                (i) material placed in the archives of a public body by or for a person other than the public body;

        (j) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed;

        (k) a record relating to an investigation by the Royal Newfoundland Constabulary if all matters in respect of the investigation have not been completed;

        (l) a record relating to an investigation by the Royal Newfoundland Constabulary that would reveal the identity of a confidential source of information or reveal information provided by that source with respect to a law enforcement matter; or

        (m) a record relating to an investigation by the Royal Newfoundland Constabulary in which suspicion of guilt of an identified person is expressed but no charge was ever laid, or relating to prosecutorial consideration of that investigation.

(2) This Act

        (a) is in addition to existing procedures for access to records or information normally available to the public, including a requirement to pay fees;

        (b) does not prohibit the transfer, storage or destruction of a record in accordance with an Act of the province or Canada or a by-law or resolution of a local public body;

        (c) does not limit the information otherwise available by law to a party in a legal proceeding; and

        (d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of a document.

(1) An applicant has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

(2) The right of access to a record does not extend to information excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

(3) The right of access to a record is subject to the payment of any fee required by the regulations.

(4) The right of access does not extend

        (a) to a record created solely for the purpose of briefing a member of the Executive Council in respect of assuming responsibility for a ministry, or

        (b) to a record created solely for the purpose of briefing a member of the Executive Council in preparation for a sitting of the Legislative Assembly.

(5) Subsection (4)(a) does not apply to a record described in that clause if 5 years or more has elapsed since the member of the Executive Council was appointed as the member responsible for the ministry.

(6) Subsection (4)(b) does not apply to a record described in that clause if 5 years or more has elapsed since the beginning of the sitting in respect of which the record was created.

(7) The right of access to a record does not extend to a record relating to an audit by the Chief Internal Auditor of Alberta that is in the custody of the Chief Internal Auditor of Alberta or any person under the administration of the Chief Internal Auditor of Alberta, irrespective of whether the record was created by or for or supplied to the Chief Internal Auditor of Alberta.

(8) Subsection (7) does not apply to a record described in that subsection

        (a) if 15 years or more has elapsed since the audit to which the record relates was completed, or

        (b) if the audit to which the record relates was discontinued or if no progress has been made on the audit for 15 years or more.

(9) The right of access to a record does not extend to information that would reveal the identity of a person who has requested advice about making a disclosure, made a disclosure or submitted a complaint of a reprisal or whose complaint has been referred to the Labour Relations Board pursuant to the Public Interest Disclosure (Whistleblower Protection) Act, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

(10) Subsection (9) does not apply to the person who requested advice about making a disclosure, made the disclosure, submitted the complaint of a reprisal or is the subject of the referral to the Labour Relations Board pursuant to the Public Interest Disclosure (Whistleblower Protection) Act.

(1) To obtain access to a record, a person must make a request to the public body that the person believes has custody or control of the record.

(2) A request must be in writing and must provide enough detail to enable the public body to identify the record.

(3) In a request, the applicant may ask

        (a) for a copy of the record, or

        (b) to examine the record.

(1) Where the head of a public body contacts an applicant in writing respecting the applicant’s request, including

        (a) seeking further information from the applicant that is necessary to process the request, or

        (b) requesting the applicant to pay a fee or to agree to pay a fee, and the applicant fails to respond to the head of the public body, as requested by the head, within 30 days after being contacted, the head of the public body may, by notice in writing to the applicant, declare the request abandoned.

(2) A notice under subsection (1) must state that the applicant may ask for a review under Part 5.

(1) The applicant may indicate in a request that the request, if granted, continues to have effect for a specified period of up to 2 years.

(2) The head of a public body granting a request that continues to have effect for a specified period must provide to the applicant

        (a) a schedule showing dates in the specified period on which the request will be deemed to have been received and explaining why those dates were chosen, and

        (b) a statement that the applicant may ask the Commissioner to review the schedule.

(3) This Act applies to a request that continues to have effect for a specified period as if a new request were made on each of the dates shown in the schedule.

(1) The head of a public body must make every reasonable effort to assist applicants and to respond to each applicant openly, accurately and completely.

(2) The head of a public body must create a record for an applicant if

        (a) the record can be created from a record that is in electronic form and in the custody or under the control of the public body, using its normal computer hardware and software and technical expertise, and

        (b) creating the record would not unreasonably interfere with the operations of the public body.

(1) In a response under section 11, the applicant must be told

        (a) whether access to the record or part of it is granted or refused,

        (b) if access to the record or part of it is granted, where, when and how access will be given, and

        (c) if access to the record or to part of it is refused,

                (i) the reasons for the refusal and the provision of this Act on which the refusal is based,

                (ii) the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and

                (iii) that the applicant may ask for a review of that decision by the Commissioner or an adjudicator, as the case may be.

(2) Despite subsection (1)(c)(i), the head of a public body may, in a response, refuse to confirm or deny the existence of

        (a) a record containing information described in section 18 or 20, or

        (b) a record containing personal information about a third party if disclosing the existence of the information would be an unreasonable invasion of the third party’s personal privacy.

(1) If an applicant is told under section 12(1) that access will be granted, the head of the public body must comply with this section.

(2) If the applicant has asked for a copy of a record and the record can reasonably be reproduced,

        (a) a copy of the record or part of it must be provided with the response, or

        (b) the applicant must be given reasons for any delay in providing the copy.

(3) If there will be a delay in providing the copy under subsection

(2), the applicant must be told where, when and how the copy will be provided.

(4) If the applicant has asked to examine a record or for a copy of a record that cannot reasonably be reproduced, the applicant

        (a) must be permitted to examine the record or part of it, or

        (b) must be given access in accordance with the regulations.

(1) Within 15 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if

        (a) the record was produced by or for the other public body,

        (b) the other public body was the first to obtain the record, or

        (c) the record is in the custody or under the control of the other public body.

(2) If a request is transferred under subsection (1),

        (a) the head of the public body who transferred the request must notify the applicant of the transfer as soon as possible, and

        (b) the head of the public body to which the request is transferred must make every reasonable effort to respond to the request not later than 30 days after receiving the request unless that time limit is extended under section 14.

(1) If a request is made under section 7(1) for access to a record that contains information to which the Health Information Act applies, the part of the request that relates to that information is deemed to be a request under section 8(1) of the Health Information Act and that Act applies as if the request had been made under section 8(1) of that Act.

(2) Subsection (1) does not apply if the public body that receives the request is not a custodian as defined in the Health Information Act.

5 Subject to this Act and the regulations, every person has a right to and, on an application made in accordance with this Part, shall be permitted access to records that are in the possession or under the control of a government institution.

Subject to this Act and the regulations, a government institution shall respond to a written request for access openly, accurately and completely.

(2) On the request of an applicant, the government institution shall:

        (a) provide an explanation of any term, code or abbreviation used in the information; or

        (b) if the government institution is unable to provide an explanation in accordance with clause (a), endeavour to refer the applicant to a government institution that is able to provide an explanation.

1) An applicant shall:

        (a) make the application in the prescribed form to the government institution in which the record containing the information is kept; and

        (b) specify the subject matter of the record requested with sufficient particularity as to time, place and event to enable an individual familiar with the subject-matter to identify the record.

(2) Subject to subsection (4) and subsection 11(3), an application is deemed to be made when the application is received by the government institution to which it is directed.

(3) Where the head is unable to identify the record requested, the head shall advise the applicant, and shall invite the applicant to supply additional details that might lead to identification of the record.

(4) Where additional details are invited to be supplied pursuant to subsection (3), the application is deemed to be made when the record is identified.

1) Where an application is made pursuant to this Act for access to a record, the head of the government institution to which the application is made shall:

        (a) consider the application and give written notice to the applicant of the head’s decision with respect to the application in accordance with sub- section (2); or

        (b) transfer the application to another government institution in accordance with section 11.

(2) The head shall give written notice to the applicant within 30 days after the application is made:

        (a) stating that access to the record or part of it will be given on payment of the prescribed fee and setting out the place where, or manner in which, access will be available;

        (b) if the record requested is published, referring the applicant to the publication;

        (c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication;

        (d) stating that access is refused, setting out the reason for the refusal and

identifying the specific provision of this Act on which the refusal is based;

        (e) stating that access is refused for the reason that the record does not exist;

        (f) stating that confirmation or denial of the existence of the record is refused

pursuant to subsection (4); or

        (g) stating that the request has been disregarded pursuant to section 45.1, and setting out the reason for which the request was disregarded.

(3) A notice given pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given.

(4) If an application is made with respect to a record that is exempt from access pursuant to section 15, 16, 21 or 22 or subsection 29(1), the head may refuse to confirm or deny that the record exists or ever did exist.

(5) A head who fails to give notice pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record.

(1) If the head has invited the applicant to supply additional details pursuant to subsection 6(3) or has given the applicant notice pursuant to clause 7(2)(a) and the applicant does not respond within 30 days after receiving the invitation or notice, the application is deemed to be abandoned.

(2) The head shall provide the applicant with a notice advising that the application is deemed to be abandoned.

(3) A notice provided pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given.

Where a record contains information to which an applicant is refused access, the head shall give access to as much of the record as can reasonably be severed without disclosing the information to which the applicant is refused access.

1) If an applicant is entitled to access pursuant to subsection 9(1), a head shall provide the applicant with access to the record in accordance with this section.

(2) Subject to subsection (3), if a record is in electronic form, a head shall give access to the record in electronic form if:

        (a) it can be produced using the normal computer hardware and software and technical expertise of the government institution;

        (b) producing it would not interfere unreasonably with the operations of the government institution; and

        (c) it is reasonably practicable to do so.

(3) If a record is a microfilm, film, sound or video recording or machine readable

record, a head may give access to the record:

        (a) by permitting the applicant to examine a transcript of the record;

        (b) by providing the applicant with a copy of the transcript of the record; or

        (c) in the case of a record produced for visual or aural reception, by permitting the applicant to view or hear the record or by providing the applicant with a copy of it.

(4) A head may give access to a record:

        (a) by providing the applicant with a copy of the record; or

        (b) if it is not reasonable to reproduce the record, by giving the applicant an opportunity to examine the record.

1) Where the head of the government institution to which an application is made considers that another government institution has a greater interest in the record, the head:

        (a) may, within 15 days after the application is made, transfer the application and, if necessary, the record to the other government institution; and

        (b) if a record is transferred pursuant to clause (a), shall give written notice of the transfer and the date of the transfer to the applicant.

(2) For the purposes of this section, a government institution has a greater interest in a record if:

        (a) the record was originally prepared in or for the government institution; or

        (b) the government institution was the first government institution to obtain

the record or a copy of the record.

(3) For the purposes of section 7, an application that is transferred pursuant to subsection (1) is deemed to have been made to the government institution on the day of the transfer.

Subject to this Act, an applicant has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

The right of access to a record does not extend to information that is excepted from disclosure under Division 3 or 4 of this Part, but if that information can reasonably be severed from the record, an applicant has a right of access to the remainder of the record.

To obtain access to a record, a person must make a request to the public body that the person believes has custody or control of the record.

A request must be made in writing and must provide enough detail to enable an experienced officer or employee of the public body to identify the record with a reasonable effort.

Despite subsection (2), an applicant may make an oral request for access to a record if the applicant

        (a) has a limited ability to read or write English or French; or

        (b) has a disability or condition that impairs his or her ability to make a written request.

The head of a public body shall make every reasonable effort to assist an applicant and to respond without delay, openly, accurately and completely.

If information requested is in an electronic form in the custody or under the control of a public body, the head of the public body shall produce a record for the applicant if

        (a) it can be produced using the normal computer hardware and software and technical expertise of the public body; and

        (b) producing it would not interfere unreasonably with the operations of the public body.

If a record exists but is not in the form requested by the applicant, the head of the public body may create a record in the form requested if the head is of the opinion that it would be simpler or less costly for the public body to do so.

The failure of the head of a public body to respond to a request within the 45-day period or any extended period is to be treated as a decision to refuse access to the record.

In a response under section 11, the head of the public body shall inform the applicant

        (a) whether access to the record or part of the record is granted or refused;

        (b) if access to the record or part of the record is granted, where, when and how access will be given; and

        (c) if access to the record or part of the record is refused,

                (i) in the case of a record that does not exist or cannot be located, that the record does not exist or cannot be located,

                (ii) in the case of a record that exists and can be located, the reasons for the refusal and the specific provision of this Act on which the refusal is based,

                (iii) of the title and contact information of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and

                (iv) that the applicant may make a complaint to the Ombudsman about the refusal.

Despite clause (1)(c), the head of a public body may, in a response, refuse to confirm or deny the existence of

        (a) a record containing information described in section 24 or 25; or

        (b) a record containing personal information about a third party if disclosing the existence of the record would be an unreasonable invasion of the third party’s privacy.

The head of a public body may require an applicant to provide additional information in relation to an application, including requesting additional information that is necessary to identify a requested record.

A request from the head must be given to the applicant in writing.

If the head determines that the application has been abandoned, the head must notify the applicant in writing of the determination, and of the applicant’s right to make a complaint about the determination to the Ombudsman under Part 5.

If the head determines that the application has been abandoned, the head must notify the applicant in writing of the determination, and of the applicant’s right to make a complaint about the determination to the Ombudsman under Part 5.

“The head of a public body may disregard a request for access if the head is of the opinion that

        (a) the request is trivial, frivolous or vexatious;

        (b) the request is for information already provided to the applicant;

        (c) the request amounts to an abuse of the right to make a request because it is

                (i) unduly repetitive or systematic,

                (ii) excessively broad or incomprehensible, or

                (iii) otherwise not made in good faith; or

        (d) responding to the request would unreasonably interfere with the operations of the public body.

In the circumstances mentioned in subsection (1), the head shall state in the response given under section 11

        (a) that the request is refused and the reason why;

        (b) the reasons for the head’s decision; and

        (c) that the applicant may make a complaint to the Ombudsman about the refusal.

In making a determination under clause (1)(c) or (d), the head of a public body may take into account

        (a) the number of requests made by the same applicant; or

        (b) whether the request is reasonably related to requests that have been made by two or more applicants who are associated within the meaning of the regulations.

Subject to subsection 7(2), the right of access is met under this Part,

        (a) if the applicant has asked for a copy and the record can reasonably be reproduced, by giving the applicant a copy of the record; or

        (b) if the applicant has asked to examine a record or has asked for a copy of a record that cannot reasonably be reproduced, by permitting the applicant to examine the record or a part of it or by giving him or her access in accordance with the regulations.

The head of a public body who gives access to a record may give the applicant any additional information that the head believes may be necessary to explain it.

Within 10 days after a public body receives a request for access to a record, the head of the public body may transfer it to another public body if

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

(1) Subject to subsections (1.1) and 69 (2), every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless,

        (a) the record or the part of the record falls within one of the exemptions under sections 12 to 22; or

        (b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious.

Part III.1 records

(1.1) Subsection (1) does not apply to personal information collected under Part III.1 (Data Integration) or to records produced from that information under that Part that are not de-identified.

Severability of record

(2) If an institution receives a request for access to a record that contains information that falls within one of the exemptions under sections 12 to 22 and the head of the institution is not of the opinion that the request is frivolous or vexatious, the head shall disclose as much of the record as can reasonably be severed without disclosing the information that falls under one of the exemptions.

Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution.

(1) Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or persons affected if the head has reasonable and probable grounds to believe that it is in the public interest to do so and that the record reveals a grave environmental, health or safety hazard to the public.

Notice

(2) Before disclosing a record under subsection (1), the head shall cause notice to be given to any person to whom the information in the record relates, if it is practicable to do so.

Contents of notice

(3) The notice shall contain,

        (a) a statement that the head intends to release a record or a part of a record that may affect the interests of the person;

        (b) a description of the contents of the record or part that relate to the person; and

        (c) a statement that if the person makes representations forthwith to the head as to why the record or part thereof should not be disclosed, those representations will be considered by the head.

Representations

(4) A person who is given notice under subsection (2) may make representations forthwith to the head concerning why the record or part should not be disclosed.

(1) A person seeking access to a record shall,

        (a) make a request in writing to the institution that the person believes has custody or control of the record, and specify that the request is being made under this Act;

        (b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and

        (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose. 1996, c. 1, Sched. K, s. 2; 2017, c. 2, Sched. 12, s. 4 (1).

Frivolous request

(1.1) If the head of the institution is of the opinion on reasonable grounds that the request is frivolous or vexatious, subsections (2) to (5) do not apply to the request. 1996, c. 1, Sched. K, s. 2.

Sufficiency of detail

(2) If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offer assistance in reformulating the request so as to comply with subsection (1). R.S.O. 1990, c. F.31, s. 24 (2).

Request for continuing access to record

(3) The applicant may indicate in the request that it shall, if granted, continue to have effect for a specified period of up to two years. R.S.O. 1990, c. F.31, s. 24 (3).

Institution to provide schedule

(4) When a request that is to continue to have effect is granted, the institution shall provide the applicant with,

        (a) a schedule showing dates in the specified period on which the request shall be deemed to have been received again, and explaining why those dates were chosen; and

        (b) a statement that the applicant may ask the Commissioner to review the schedule. R.S.O. 1990, c. F.31, s. 24 (4).

Act applies as if new requests were being made

(5) This Act applies as if a new request were being made on each of the dates shown in the schedule.

(1) Where an institution receives a request for access to a record that the institution does not have in its custody or under its control, the head shall make all necessary inquiries to determine whether another institution has custody or control of the record, and where the head determines that another institution has custody or control of the record, the head shall within fifteen days after the request is received,

        (a) forward the request to the other institution; and

        (b) give written notice to the person who made the request that it has been forwarded to the other institution. R.S.O. 1990, c. F.31, s. 25 (1).

Transfer of request

(2) Where an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may transfer the request and, if necessary, the record to the other institution, within fifteen days after the request is received, in which case the head transferring the request shall give written notice of the transfer to the person who made the request. R.S.O. 1990, c. F.31, s. 25 (2).

Greater interest

(3) For the purpose of subsection (2), another institution has a greater interest in a record than the institution that receives the request for access if,

        (a) the record was originally produced in or for the other institution; or

        (b) in the case of a record not originally produced in or for an institution, the other institution was the first institution to receive the record or a copy thereof. R.S.O. 1990, c. F.31, s. 25 (3).

When transferred request deemed made

(4) Where a request is forwarded or transferred under subsection (1) or (2), the request shall be deemed to have been made to the institution to which it is forwarded or transferred on the day the institution to which the request was originally made received it. R.S.O. 1990, c. F.31, s. 25 (4).

Institution

(5) In this section,

Institution includes an institution as defined in section 2 of the Municipal Freedom of Information and Protection of Privacy Act.

Where a person requests access to a record, the head of the institution to which the request is made or if a request is forwarded or transferred under section 25, the head of the institution to which it is forwarded or transferred, shall, subject to sections 27, 28 and 57, within thirty days after the request is received,

        (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

        (b) if access is to be given, give the person who made the request access to the record or part thereof, and where necessary for the purpose cause the record to be produced.

(1) A head who refuses to give access to a record or a part of a record because the head is of the opinion that the request for access is frivolous or vexatious, shall state in the notice given under section 26,

        (a) that the request is refused because the head is of the opinion that the request is frivolous or vexatious;

        (b) the reasons for which the head is of the opinion that the request is frivolous or vexatious; and

        (c) that the person who made the request may appeal to the Commissioner under subsection 50 (1) for a review of the decision. 1996, c. 1, Sched. K, s. 4.

Non-application

(2) Sections 28 and 29 do not apply to a head who gives a notice for the purpose of subsection (1).

(1) Notice of refusal to give access to a record or a part thereof under section 26 shall set out,

        (a) where there is no such record,

                (i) that there is no such record, and

                (ii) that the person who made the request may appeal to the Commissioner the question of whether such a record exists; or

        (b) where there is such a record,

                (i) the specific provision of this Act under which access is refused,

                (ii) the reason the provision applies to the record,

                (iii) the name and position of the person responsible for making the decision, and

                (iv) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (1).

Same

(2) Where a head refuses to confirm or deny the existence of a record as provided in subsection 14 (3) (law enforcement), section 14.1 (Civil Remedies Act, 2001), section 14.2 (Prohibiting Profiting from Recounting Crimes Act, 2002) or subsection 21 (5) (unjustified invasion of personal privacy), the head shall state in the notice given under section 26,

        (a) that the head refuses to confirm or deny the existence of the record;

        (b) the provision of this Act on which the refusal is based;

        (c) the name and office of the person responsible for making the decision; and

        (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (2); 2001, c. 28, s. 22 (2); 2002, c. 2, ss. 15 (2), 19 (5); 2007, c. 13, s. 43 (2).

Idem

(3) Where a head refuses to disclose a record or part thereof under subsection 28 (7), the head shall state in the notice given under subsection 28 (7),

        (a) the specific provision of this Act under which access is refused;

        (b) the reason the provision named in clause (a) applies to the record;

        (c) the name and office of the person responsible for making the decision to refuse access; and

        (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (3).

Description

(3.1) If a request for access covers more than one record, the statement in a notice under this section of a reason mentioned in subclause (1) (b) (ii) or clause (3) (b) may refer to a summary of the categories of the records requested if it provides sufficient detail to identify them. 1996, c. 1, Sched. K, s. 6.

Deemed refusal

(4) A head who fails to give the notice required under section 26 or subsection 28 (7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given.

(1) Subject to subsection (2), a person who is given access to a record or a part thereof under this Act shall be given a copy thereof unless it would not be reasonably practicable to reproduce the record or part thereof by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part thereof in accordance with the regulations.

Access to original record

(2) Where a person requests the opportunity to examine a record or a part thereof and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part thereof in accordance with the regulations.

Copy of part

(3) Where a person examines a record or a part thereof and wishes to have portions of it copied, the person shall be given a copy of those portions unless it would not be reasonably practicable to reproduce them by reason of their length or nature.

(1) Where a head may give access to information under this Act, nothing in this Act prevents the head from giving access to that information in response to an oral request or in the absence of a request. R.S.O. 1990, c. F.31, s. 63 (1).

Pre-existing access preserved

(2) This Act shall not be applied to preclude access to information that is not personal information and to which access by the public was available by custom or practice immediately before this Act comes into force.

Subject to subsections (1.1) and 69 (2), every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless,

        (a) the record or the part of the record falls within one of the exemptions under sections 12 to 22; or

        (b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious. 1996, c. 1, Sched. K, s. 1; 2010, c. 25, s. 24 (6); 2019, c. 7, Sched. 31, s. 1 (1).

If an institution receives a request for access to a record that contains information that falls within one of the exemptions under sections 12 to 22 and the head of the institution is not of the opinion that the request is frivolous or vexatious, the head shall disclose as much of the record as can reasonably be severed without disclosing the information that falls under one of the exemptions. 1996, c. 1, Sched. K, s. 1.

A person who is given notice under subsection (2) may make representations forthwith to the head concerning why the record or part should not be disclosed. R.S.O. 1990, c. F.31, s. 11 (4).

Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record where,

        (a) the record is more than twenty years old; or

        (b) the Executive Council for which, or in respect of which, the record has been prepared consents to access being given. R.S.O. 1990, c. F.31, s. 12 (2).

Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record that contains,

        (a) factual material;

        (b) a statistical survey;

        (c) a report by a valuator, whether or not the valuator is an officer of the institution;

        (d) an environmental impact statement or similar record;

        (e) a report of a test carried out on a product for the purpose of government equipment testing or a consumer test report;

        (f) a report or study on the performance or efficiency of an institution, whether the report or study is of a general nature or is in respect of a particular program or policy;

        (g) a feasibility study or other technical study, including a cost estimate, relating to a government policy or project;

        (h) a report containing the results of field research undertaken before the formulation of a policy proposal;

        (i) a final plan or proposal to change a program of an institution, or for the establishment of a new program, including a budgetary estimate for the program, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to the Executive Council or its committees;

        (j) a report of an interdepartmental committee task force or similar body, or of a committee or task force within an institution, which has been established for the purpose of preparing a report on a particular topic, unless the report is to be submitted to the Executive Council or its committees;

        (k) a report of a committee, council or other body which is attached to an institution and which has been established for the purpose of undertaking inquiries and making reports or recommendations to the institution;

        (l) the reasons for a final decision, order or ruling of an officer of the institution made during or at the conclusion of the exercise of discretionary power conferred by or under an enactment or scheme administered by the institution, whether or not the enactment or scheme allows an appeal to be taken against the decision, order or ruling, whether or not the reasons,

                (i) are contained in an internal memorandum of the institution or in a letter addressed by an officer or employee of the institution to a named person, or

                (ii) were given by the officer who made the decision, order or ruling or were incorporated by reference into the decision, order or ruling. R.S.O. 1990, c. F.31, s. 13 (2).

Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record where the record is more than twenty years old or where the head has publicly cited the record as the basis for making a decision or formulating a policy. R.S.O. 1990, c. F.31, s. 13 (3); 2016, c. 5, Sched. 10, s. 1.

Despite clause (2) (a), a head shall disclose a record that is a report prepared in the course of routine inspections by an agency where that agency is authorized to enforce and regulate compliance with a particular statute of Ontario. R.S.O. 1990, c. F.31, s. 14 (4).

Subsections (1) and (2) do not apply to a record on the degree of success achieved in a law enforcement program including statistical analyses unless disclosure of such a record may prejudice, interfere with or adversely affect any of the matters referred to in those subsections. R.S.O. 1990, c. F.31, s. 14 (5).

A person seeking access to a record shall,

        (a) make a request in writing to the institution that the person believes has custody or control of the record, and specify that the request is being made under this Act;

        (b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and

        (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose. 1996, c. 1, Sched. K, s. 2; 2017, c. 2, Sched. 12, s. 4 (1).

If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offer assistance in reformulating the request so as to comply with subsection (1). R.S.O. 1990, c. F.31, s. 24 (2).

The applicant may indicate in the request that it shall, if granted, continue to have effect for a specified period of up to two years. R.S.O. 1990, c. F.31, s. 24 (3).

When a request that is to continue to have effect is granted, the institution shall provide the applicant with,

        (a) a schedule showing dates in the specified period on which the request shall be deemed to have been received again, and explaining why those dates were chosen; and

        (b) a statement that the applicant may ask the Commissioner to review the schedule. R.S.O. 1990, c. F.31, s. 24 (4).

Where an institution receives a request for access to a record that the institution does not have in its custody or under its control, the head shall make all necessary inquiries to determine whether another institution has custody or control of the record, and where the head determines that another institution has custody or control of the record, the head shall within fifteen days after the request is received,

        (a) forward the request to the other institution; and

        (b) give written notice to the person who made the request that it has been forwarded to the other institution. R.S.O. 1990, c. F.31, s. 25 (1).

Where an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may transfer the request and, if necessary, the record to the other institution, within fifteen days after the request is received, in which case the head transferring the request shall give written notice of the transfer to the person who made the request. R.S.O. 1990, c. F.31, s. 25 (2).

For the purpose of subsection (2), another institution has a greater interest in a record than the institution that receives the request for access if,

        (a) the record was originally produced in or for the other institution; or

        (b) in the case of a record not originally produced in or for an institution, the other institution was the first institution to receive the record or a copy thereof. R.S.O. 1990, c. F.31, s. 25 (3).

Where a request is forwarded or transferred under subsection (1) or (2), the request shall be deemed to have been made to the institution to which it is forwarded or transferred on the day the institution to which the request was originally made received it. R.S.O. 1990, c. F.31, s. 25 (4).

Where a person requests access to a record, the head of the institution to which the request is made or if a request is forwarded or transferred under section 25, the head of the institution to which it is forwarded or transferred, shall, subject to sections 27, 28 and 57, within thirty days after the request is received,

        (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

        (b) if access is to be given, give the person who made the request access to the record or part thereof, and where necessary for the purpose cause the record to be produced. R.S.O. 1990, c. F.31, s. 26; 1996, c. 1, Sched. K, s. 3.

Where a head extends the time limit under subsection (1), the head shall give the person who made the request written notice of the extension setting out,

        (a) the length of the extension;

        (b) the reason for the extension; and

        (c) that the person who made the request may ask the Commissioner to review the extension. R.S.O. 1990, c. F.31, s. 27 (2).

A head who refuses to give access to a record or a part of a record because the head is of the opinion that the request for access is frivolous or vexatious, shall state in the notice given under section 26,

        (a) that the request is refused because the head is of the opinion that the request is frivolous or vexatious;

        (b) the reasons for which the head is of the opinion that the request is frivolous or vexatious; and

        (c) that the person who made the request may appeal to the Commissioner under subsection 50 (1) for a review of the decision. 1996, c. 1, Sched. K, s. 4.

Sections 28 and 29 do not apply to a head who gives a notice for the purpose of subsection (1). 1996, c. 1, Sched. K, s. 4.

Where a head gives notice to a person under subsection (1), the head shall also give the person who made the request written notice of delay, setting out,

        (a) that the record or part thereof may affect the interests of another party;

        (b) that the other party is being given an opportunity to make representations concerning disclosure; and

        (c) that the head will, within 10 days after the expiry of the time period for making representations under subsection (5), decide whether or not to disclose the record. R.S.O. 1990, c. F.31, s. 28 (4); 2016, c. 5, Sched. 10, s. 2 (2).

A head who decides to disclose a record or part under subsection (7) shall state in the notice that,

        (a) the person to whom the information relates may appeal the decision to the Commissioner within 30 days after the notice of decision is given, subject to subsection (8.1); and

        (b) the person who made the request will be given access to the record or part unless an appeal of the decision is commenced within the time period specified in clause (a). 2016, c. 5, Sched. 10, s. 2 (5).

Where, under subsection (7), the head decides to disclose the record or a part thereof, the head shall give the person who made the request access to the record or part thereof within thirty days after notice is given under subsection (7), unless the person to whom the information relates appeals the decision to the Commissioner in accordance with clause (8) (a). R.S.O. 1990, c. F.31, s. 28 (9); 2016, c. 5, Sched. 10, s. 2 (6).

In the case of a request by the spouse or a close relative of a deceased individual for disclosure of personal information about the deceased individual, the person making the request shall give the head all information that the person has regarding whether the deceased individual has a personal representative and how to contact the personal representative. 2006, c. 19, Sched. N, s. 1 (3).

Notice of refusal to give access to a record or a part thereof under section 26 shall set out,

        (a) where there is no such record,

                (i) that there is no such record, and

                (ii) that the person who made the request may appeal to the Commissioner the question of whether such a record exists; or

        (b) where there is such a record,

                (i) the specific provision of this Act under which access is refused,

                (ii) the reason the provision applies to the record,

                (iii) the name and position of the person responsible for making the decision, and

                (iv) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (1).

Where a head refuses to confirm or deny the existence of a record as provided in subsection 14 (3) (law enforcement), section 14.1 (Civil Remedies Act, 2001), section 14.2 (Prohibiting Profiting from Recounting Crimes Act, 2002) or subsection 21 (5) (unjustified invasion of personal privacy), the head shall state in the notice given under section 26,

        (a) that the head refuses to confirm or deny the existence of the record;

        (b) the provision of this Act on which the refusal is based;

        (c) the name and office of the person responsible for making the decision; and

        (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (2); 2001, c. 28, s. 22 (2); 2002, c. 2, ss. 15 (2), 19 (5); 2007, c. 13, s. 43 (2).

Where a head refuses to disclose a record or part thereof under subsection 28 (7), the head shall state in the notice given under subsection 28 (7),

        (a) the specific provision of this Act under which access is refused;

        (b) the reason the provision named in clause (a) applies to the record;

        (c) the name and office of the person responsible for making the decision to refuse access; and

        (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29 (3).

A head who fails to give the notice required under section 26 or subsection 28 (7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given. R.S.O. 1990, c. F.31, s. 29 (4).

Subject to subsection (2), a person who is given access to a record or a part thereof under this Act shall be given a copy thereof unless it would not be reasonably practicable to reproduce the record or part thereof by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part thereof in accordance with the regulations. R.S.O. 1990, c. F.31, s. 30 (1).

Where a person requests the opportunity to examine a record or a part thereof and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part thereof in accordance with the regulations. R.S.O. 1990, c. F.31, s. 30 (2).

Where a person examines a record or a part thereof and wishes to have portions of it copied, the person shall be given a copy of those portions unless it would not be reasonably practicable to reproduce them by reason of their length or nature. R.S.O. 1990, c. F.31, s. 30 (3).

The responsible minister shall cause the materials described in sections 31, 32 and 45 to be made generally available for inspection and copying by the public and shall cause them to be made available to the public on the Internet or in the reading room, library or office designated by each institution for this purpose. 2006, c. 34, Sched. C, s. 3.

Every head shall cause the materials described in sections 33 and 34 to be made available to the public on the Internet or in the reading room, library or office designated by each institution for this purpose. 2006, c. 34, Sched. C, s. 3.

The person who requested access to the record, the head of the institution concerned and any other institution or person informed of the notice of appeal under subsection 50 (3) shall be given an opportunity to make representations to the Commissioner, but no person is entitled to have access to or to comment on representations made to the Commissioner by any other person or to be present when such representations are made. 2006, c. 34, Sched. C, s. 8 (1).

Where a head may give access to information under this Act, nothing in this Act prevents the head from giving access to that information in response to an oral request or in the absence of a request. R.S.O. 1990, c. F.31, s. 63 (1).

This Act shall not be applied to preclude access to information that is not personal information and to which access by the public was available by custom or practice immediately before this Act comes into force. R.S.O. 1990, c. F.31, s. 63 (2).

This Act does not impose any limitation on the information otherwise available by law to a party to litigation. R.S.O. 1990, c. F.31, s. 64 (1).

4 (1) Every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless,

        (a) the record or the part of the record falls within one of the exemptions under sections 6 to 15; or

        (b) the head is of the opinion on reasonable grounds that the request for access is frivolous or vexatious.

Severability of record

(2) If an institution receives a request for access to a record that contains information that falls within one of the exemptions under sections 6 to 15 and the head of the institution is not of the opinion that the request is frivolous or vexatious, the head shall disclose as much of the record as can reasonably be severed without disclosing the information that falls under one of the exemptions.

4.1 Every head of an institution shall ensure that reasonable measures respecting the records in the custody or under the control of the institution are developed, documented and put into place to preserve the records in accordance with any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the institution.

5 (1) Despite any other provision of this Act, a head shall, as soon as practicable, disclose any record to the public or persons affected if the head has reasonable and probable grounds to believe that it is in the public interest to do so and that the record reveals a grave environmental, health or safety hazard to the public.

Notice

(2) Before disclosing a record under subsection (1), the head shall cause notice to be given to any person to whom the information in the record relates, if it is practicable to do so.

Contents of notice

(3) The notice shall contain,

        (a) a statement that the head intends to release a record or a part of a record that may affect the interests of the person;

        (b) a description of the contents of the record or part that relate to the person; and

        (c) a statement that if the person makes representations forthwith to the head as to why the record or part should not be disclosed, those representations will be considered by the head.

Representations

(4) A person who is given notice under subsection (2) may make representations forthwith to the head concerning why the record or part should not be disclosed.

17 (1) A person seeking access to a record shall,

        (a) make a request in writing to the institution that the person believes has custody or control of the record, and specify that the request is being made under this Act;

        (b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and

        (c) at the time of making the request, pay the fee prescribed by the regulations for that purpose. 1996, c. 1, Sched. K, s. 14; 2017, c. 2, Sched. 12, s. 6 (1).

Frivolous request

(1.1) If the head of the institution is of the opinion on reasonable grounds that the request is frivolous or vexatious, subsections (2) to (5) do not apply to the request. 1996, c. 1, Sched. K, s. 14; 2006, c. 34, Sched. C, s. 14 (1).

Sufficiency of detail

(2) If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offer assistance in reformulating the request so as to comply with subsection (1). R.S.O. 1990, c. M.56, s. 17 (2).

Request for continuing access to record

(3) The applicant may indicate in the request that it shall, if granted, continue to have effect for a specified period of up to two years. 2006, c. 34, Sched. C, s. 14 (2).

Institution to provide schedule

(4) When a request that is to continue to have effect is granted, the institution shall provide the applicant with,

        (a) a schedule showing dates in the specified period on which the request shall be deemed to have been received again, and explaining why those dates were chosen; and

        (b) a statement that the applicant may ask the Commissioner to review the schedule. 2006, c. 34, Sched. C, s. 14 (2).

Act applies as if new requests were being made

(5) This Act applies as if a new request were being made on each of the dates shown in the schedule.

18 (1) In this section,

Institution includes an institution as defined in section 2 of the Freedom of Information and Protection of Privacy Act.

Request to be forwarded

(2) The head of an institution that receives a request for access to a record that the institution does not have in its custody or under its control shall make reasonable inquiries to determine whether another institution has custody or control of the record, and, if the head determines that another institution has custody or control of the record, the head shall within fifteen days after the request is received,

        (a) forward the request to the other institution; and

        (b) give written notice to the person who made the request that it has been forwarded to the other institution.

Transfer of request

(3) If an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may transfer the request and, if necessary, the record to the other institution, within fifteen days after the request is received, in which case the head transferring the request shall give written notice of the transfer to the person who made the request.

Greater interest

(4) For the purpose of subsection (3), another institution has a greater interest in a record than the institution that receives the request for access if,

        (a) the record was originally produced in or for the other institution; or

        (b) in the case of a record not originally produced in or for an institution, the other institution was the first institution to receive the record or a copy of it.

When transferred request deemed made

(5) Where a request is forwarded or transferred under subsection (2) or (3), the request shall be deemed to have been made to the institution to which it is forwarded or transferred on the day the institution to which the request was originally made received it.

20.1 (1) A head who refuses to give access to a record or a part of a record because the head is of the opinion that the request for access is frivolous or vexatious, shall state in the notice given under section 19,

        (a) that the request is refused because the head is of the opinion that the request is frivolous or vexatious;

        (b) the reasons for which the head is of the opinion that the request is frivolous or vexatious; and

        (c) that the person who made the request may appeal to the Commissioner under subsection 39 (1) for a review of the decision.

Non-application

(2) Sections 21 and 22 do not apply to a head who gives a notice for the purpose of subsection (1).

22 (1) Notice of refusal to give access to a record or part under section 19 shall set out,

        (a) where there is no such record,

                (i) that there is no such record, and

                (ii) that the person who made the request may appeal to the Commissioner the question of whether such a record exists; or

        (b) where there is such a record,

                (i) the specific provision of this Act under which access is refused,

                (ii) the reason the provision applies to the record,

                (iii) the name and position of the person responsible for making the decision, and

                (iv) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. M.56, s. 22 (1).

Same

(2) A head who refuses to confirm or deny the existence of a record as provided in subsection 8 (3) (law enforcement), section 8.1 (Civil Remedies Act, 2001), section 8.2 (Prohibiting Profiting from Recounting Crimes Act, 2002) or subsection 14 (5) (unjustified invasion of personal privacy), shall state in the notice given under section 19,

        (a) that the head refuses to confirm or deny the existence of the record;

        (b) the provision of this Act on which the refusal is based;

        (c) the name and office of the person responsible for making the decision; and

        (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. M.56, s. 22 (2); 2001, c. 28, s. 23 (2); 2002, c. 2, ss. 16 (2), 19 (9); 2007, c. 13, s. 45 (2).

Idem

(3) A head who refuses to disclose a record or part under subsection 21 (7) shall state in the notice given under subsection 21 (7),

        (a) the specific provision of this Act under which access is refused;

        (b) the reason the provision named in clause (a) applies to the record;

        (c) the name and office of the person responsible for making the decision to refuse access; and

        (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. M.56, s. 22 (3).

Description

(3.1) If a request for access covers more than one record, the statement in a notice under this section of a reason mentioned in subclause (1) (b) (ii) or clause (3) (b) may refer to a summary of the categories of the records requested if it provides sufficient detail to identify them. 1996, c. 1, Sched. K, s. 18.

Deemed refusal

(4) A head who fails to give the notice required under section 19 or subsection 21 (7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given.

23 (1) Subject to subsection (2), a person who is given access to a record or a part of a record under this Act shall be given a copy of the record or part unless it would not be reasonably practicable to reproduce it by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part.

Access to original record

(2) If a person requests the opportunity to examine a record or part and it is reasonably practicable to give the person that opportunity, the head shall allow the person to examine the record or part.

Copy of part

(3) A person who examines a record or a part and wishes to have portions of it copied shall be given a copy of those portions unless it would not be reasonably practicable to reproduce them by reason of their length or nature.

50 (1) If a head may give access to information under this Act, nothing in this Act prevents the head from giving access to that information in response to an oral request or in the absence of a request.

Pre-existing access preserved

(2) This Act shall not be applied to preclude access to information that is not personal information and to which access by the public was available by statute, custom or practice immediately before the 1st day of January, 1991.

9. Every person has a right of access, on request, to the documents held by a public body.

The right does not extend to personal notes written on a document or to sketches, outlines, drafts, preliminary notes or other documents of the same nature.

1982, c. 30, s. 9.

10. The right of access to a document may be exercised by examining it on the premises during regular working hours or by remote access.

The applicant may also obtain a copy of the document, unless reproducing it would endanger its preservation or raise serious practical difficulties owing to its form.

At the request of the applicant, computerized documents must be communicated in the form of a written and intelligible transcript.

If the applicant is a handicapped person, reasonable accommodation must be provided on request to enable the applicant to exercise the right of access provided for in this division. For that purpose, the public body must take into account the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

1982, c. 30, s. 10; 1990, c. 57, s. 4; 2001, c. 32, s. 82; 2006, c. 22, s. 5.

11. Access to a document is free of charge.

However, a fee not greater than the cost of transcription, reproduction or transmission of the document may be charged to the applicant.

The amount and the terms of payment of the fee are prescribed by government regulation. The regulation may prescribe the cases where a person is exempt from payment and must be consistent with the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or transmitting a document, inform the applicant of the approximate amount that will be charged to him. In a case of access to more than one document, the transcription or reproduction fee for each document identified must be clearly set out.

1982, c. 30, s. 11; 1987, c. 68, s. 4; 2006, c. 22, s. 6.

12. The exercise of the right of access to a document is subject to the rights respecting intellectual property.

1982, c. 30, s. 12.

13. The right of access to a document produced by or for a public body and having been published or distributed is exercised by examining the document on the premises during regular working hours or by remote access or by procuring enough information to enable the applicant to examine or obtain the document where it is available.

Furthermore, the right of access to a document produced by or for a public body and that is to be distributed or published six months or less after the request for access shall be exercised by an applicant in one or more of the following ways:

        (1) examining the document on the premises during regular working hours or by remote access;

        (2) procuring sufficient information to enable him to examine the document where it is available or to obtain it at the time of its publication or distribution;

        (3) obtaining the document on loan, provided that that does not compromise its publication or distribution.

This section does not limit the right of access to a document distributed in accordance with section 16.1.

1982, c. 30, s. 13; 1990, c. 57, s. 5; 2001, c. 32, s. 83; 2006, c. 22, s. 7.

14. No public body may deny access to a document for the sole reason that it contains certain information that, according to this Act, it must or may refuse to release.

Where a request pertains to a document containing such information, the public body may deny access thereto where the information forms the substance of the document. In other cases, the public body must give access to the requested document after deleting only the information to which access is not authorized.

1982, c. 30, s. 14.

15. The right of access applies only to documents that can be released without requiring computation or comparison of information.

1982, c. 30, s. 15.

16. A public body must classify its documents in such a manner as to allow their retrieval. It must set up and keep up to date a list setting forth the order of classification of the documents. The list must be sufficiently precise to facilitate the exercise of the right of access.

For a public body referred to in paragraph 1 of the schedule to the Archives Act (chapter A-21.1), a classification plan takes the place of the list setting forth the order of classification of its documents.

A person has a right of access to the list or the classification plan on request, except as regards information confirmation of the existence of which may be refused under this Act

1982, c. 30, s. 16; 2001, c. 32, s. 84; 2006, c. 22, s. 8.

16.1. A public body, except the Lieutenant-Governor, the National Assembly or a person designated by the National Assembly to an office under its jurisdiction, must distribute through a web site the documents or information made accessible by law that are identified by regulation of the Government, and implement the measures promoting access to information enacted by the regulation.

2006, c. 22, s. 9.

17. The Commission shall distribute and update an index giving, for each public body, the title, address and telephone number of the person in charge of access to documents and of the person in charge of the protection of personal information.

42. To be receivable, a request for access to a document must be sufficiently precise to allow the document to be located.

If the request is not sufficiently precise or if a person requires it, the person in charge must assist in identifying the document likely to contain the information sought.

1982, c. 30, s. 42; 2006, c. 22, s. 23.

43. A request for access may be made in writing or orally.

The request must be addressed to the person in charge of access to documents within the public body.

If the written request is addressed to the person exercising the highest authority within the public body, he must transmit it with diligence to the person in charge designated by him under section 8, where such is the case.

1982, c. 30, s. 43.

44. (Repealed).

1982, c. 30, s. 44; 1990, c. 57, s. 9; 2006, c. 22, s. 24.

45. The person in charge must inform the person who makes an oral request that he may make a written request and that only a decision on a written request may be reviewed under this Act.

1982, c. 30, s. 45.

46. The person in charge must give the person making a written request notice of the date his request is received.

The notice must be in writing. It must indicate the prescribed time for the processing of the request and the effect under this Act of failure by the person in charge to respect it. It must also inform the applicant of the proceeding for review provided for in Division III of Chapter IV.

1982, c. 30, s. 46; 2006, c. 22, s. 25.

47. The person in charge must, promptly and not later than twenty days from the date the request was received,

        (1) grant access to the document, which may then be accompanied with information on the circumstances in which it was produced;

        (1.1) grant access to the document by providing reasonable accommodation, if the applicant is a handicapped person;

        (2) inform the applicant of the special conditions, if any, to which access is subject;

        (3) inform the applicant that the agency is not in possession of the requested document or that full or partial access to the document cannot be granted to him;

        (4) inform the applicant that his request should more appropriately be transferred to another public body or that it concerns a document filed by or for another public body;

        (5) inform the applicant that the existence of the requested information cannot be confirmed;

        (6) inform the applicant that the document concerned is a document to which Chapter II of this Act does not apply by virtue of the second paragraph of section 9;

        (7) inform the applicant that a third person concerned by the request cannot be notified by mail but will be informed by a public notice; or

        (8) inform the applicant that the body is requesting the Commission to disregard the applicant’s request in accordance with section 137.1.

If the request cannot be processed within the time limit provided in the first paragraph without impeding the normal course of operations of the public body, the person in charge may, before the expiry of the time, extend it by not over 10 days. He must then give notice thereof by mail to the applicant within the time limit provided in the first paragraph.

1982, c. 30, s. 47; 2006, c. 22, s. 26.

48. Where a request referred to the person in charge should, in his opinion, more appropriately be transferred to another public body or concerns a document filed by or for another public body, the person in charge must, within the time limit provided in the first paragraph of section 47, indicate to the applicant the competent body and the name of the person in charge of access to documents in that body, and give him the particulars provided for in section 45 or in the second paragraph of section 46, as the case may be.

Where the request is made in writing, the indications must be communicated in writing.

1982, c. 30, s. 48.

49. Where the person in charge must give the third person the notice required in section 25, he must do so by mail within 20 days from the date the request was received and provide him with an opportunity to submit written observations. He must also inform the applicant of the notice and indicate to him the time limits provided in this section.

If the person in charge does not succeed in notifying a third person by mail after taking reasonable steps to do so, the third person may be notified in another manner, such as by public notice in a newspaper in the place where the last known address of the third person is located. If there is more than one third person and more than one notice is required, all third persons are deemed to have been notified only once all the notices have been published.

The third person concerned may submit his observations within 20 days of being informed of the intention of the person in charge. If he fails to do so within the time limit, he is deemed to have consented to granting access to the document.

The person in charge must give notice of his decision by mail to the applicant and the third person concerned within 15 days of presentation of the observations, or of expiry of the period prescribed for presentation. If the person in charge has given public notice, a notice of the decision need only be sent to the third person who submitted written observations. Where the decision grants access to the documents, it is executory on the expiry of 15 days from the date the notice was mailed.

1982, c. 30, s. 49; 2006, c. 22, s. 27.

50. The person in charge must give the reasons for any refusal to disclose information, and indicate the provision of the Act on which the denial is based.

1982, c. 30, s. 50.

51. Where the request is in writing, the decision is made in writing by the person in charge, and a copy thereof is sent to the applicant, and, if such is the case, to the third person who submitted observations in accordance with section 49.

The decision must be accompanied by the text of the provision on which the refusal is based, where applicable, and a notice of the proceeding for review provided for in Division III of Chapter IV, indicating in particular the time limit within which it may be exercised.

1982, c. 30, s. 51; 2006, c. 22, s. 28.

52. On failure to give effect to a request for access within the applicable time limit, the person in charge is deemed to have denied access to the document. In the case of a written request, the failure gives rise to review proceedings as provided for in Division III of Chapter IV, as in the case of a denial of access.

1982, c. 30, s. 52.

52.1. The person in charge must see to it that every document that has been the subject of a request for access be kept for as long as is required to enable the applicant to exhaust the recourses provided in this Act.

Every person has a right of access, on request, to the documents held by a public body.

The right does not extend to personal notes written on a document or to sketches, outlines, drafts, preliminary notes or other documents of the same nature.

The right of access to a document may be exercised by examining it on the premises during regular working hours or by remote access.

The applicant may also obtain a copy of the document, unless reproducing it would endanger its preservation or raise serious practical difficulties owing to its form.

At the request of the applicant, computerized documents must be communicated in the form of a written and intelligible transcript.

If the applicant is a handicapped person, reasonable accommodation must be provided on request to enable the applicant to exercise the right of access provided for in this division. For that purpose, the public body must take into account the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

Access to a document is free of charge.

However, a fee not greater than the cost of transcription, reproduction or transmission of the document may be charged to the applicant.

The amount and the terms of payment of the fee are prescribed by government regulation. The regulation may prescribe the cases where a person is exempt from payment and must be consistent with the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or transmitting a document, inform the applicant of the approximate amount that will be charged to him. In a case of access to more than one document, the transcription or reproduction fee for each document identified must be clearly set out.

The exercise of the right of access to a document is subject to the rights respecting intellectual property.

The right of access to a document produced by or for a public body and having been published or distributed is exercised by examining the document on the premises during regular working hours or by remote access or by procuring enough information to enable the applicant to examine or obtain the document where it is available.

Furthermore, the right of access to a document produced by or for a public body and that is to be distributed or published six months or less after the request for access shall be exercised by an applicant in one or more of the following ways:

        (1) examining the document on the premises during regular working hours or by remote access;

        (2) procuring sufficient information to enable him to examine the document where it is available or to obtain it at the time of its publication or distribution;

        (3) obtaining the document on loan, provided that that does not compromise its publication or distribution.

This section does not limit the right of access to a document distributed in accordance with section 16.1.

No public body may deny access to a document for the sole reason that it contains certain information that, according to this Act, it must or may refuse to release.

Where a request pertains to a document containing such information, the public body may deny access thereto where the information forms the substance of the document. In other cases, the public body must give access to the requested document after deleting only the information to which access is not authorized.

The right of access applies only to documents that can be released without requiring computation or comparison of information.

If information referred to in section 23 or 24 is released under the first paragraph of section 41.2, the person in charge of access to documents within the public body must record the release in a register the person keeps for that purpose.

To be receivable, a request for access to a document must be sufficiently precise to allow the document to be located.

If the request is not sufficiently precise or if a person requires it, the person in charge must assist in identifying the document likely to contain the information sought.

A request for access may be made in writing or orally. If it is in writing, it may be made in a technological format.

The request must be addressed to the person in charge of access to documents within the public body.

If the written request is addressed to the person exercising the highest authority within the public body, he must transmit it with diligence to the person in charge to whom that function has been delegated under section 8, where such is the case.

The person in charge must inform the person who makes an oral request that he may make a written request and that only a decision on a written request may be reviewed under this Act.

The person in charge must give the person making a written request notice of the date his request is received.

The notice must be in writing. It must indicate the prescribed time for the processing of the request and the effect under this Act of failure by the person in charge to respect it. It must also inform the applicant of the proceeding for review provided for in Division III of Chapter IV.

Where a request referred to the person in charge should, in his opinion, more appropriately be transferred to another public body or concerns a document filed by or for another public body, the person in charge must, within the time limit provided in the first paragraph of section 47, indicate to the applicant the competent body and the name of the person in charge of access to documents in that body, and give him the particulars provided for in section 45 or in the second paragraph of section 46, as the case may be.

Where the request is made in writing, the indications must be communicated in writing.

The person in charge must give the reasons for any refusal to disclose information, and indicate the provision of the Act on which the denial is based. If an applicant so requests, the person in charge must also help him understand the decision.

Where the request is in writing, the decision is made in writing by the person in charge, and a copy thereof is sent to the applicant, and, if such is the case, to the third person who submitted observations in accordance with section 49.

The decision must be accompanied by the text of the provision on which the refusal is based, where applicable, and a notice of the proceeding for review provided for in Division III of Chapter IV, indicating in particular the time limit within which it may be exercised.

On failure to give effect to a request for access within the applicable time limit, the person in charge is deemed to have denied access to the document. In the case of a written request, the failure gives rise to review proceedings as provided for in Division III of Chapter IV, as in the case of a denial of access.

Every person has a right of access, on request, to the register kept by a public body under section 67.3, except as regards information confirmation of the existence of which may be refused under sections 21, 28, 28.1, 29, 30, 30.1 and 41.

The right is exercised in accordance with the modalities provided in section 10.

Every person whose request has been denied, in whole or in part, by the person in charge of access to documents or of protection of personal information may apply to the Commission for a review of the decision.

Every person who has made a request under this Act may apply to the Commission for a review of any decision of the person in charge concerning the time prescribed for processing the request, the mode of access to a document or information, the application of section 9 or the fee payable.

The application must be made within thirty days of the date of the decision or of the time granted by this Act to the person in charge for processing a request. However, the Commission may, for any serious cause, release the applicant from a failure to observe the time limit.

A third person who has submitted observations in accordance with section 49 may, within 15 days after the date of transmission of the notice informing him of the decision to grant access, in whole or in part, to a document, apply to the Commission for a review of the decision.

Except in the case contemplated in the first paragraph of section 41.1, the application suspends the carrying out of the decision of the person in charge until the decision of the Commission on the application is executory.

For two years following the coming into force of those provisions of this Act which grant to a person the right of access to a document, a public body may deny access to any document dated more than two years prior to such coming into force.

(1) A person has a right of access to any record in the custody or under the control of a public body upon complying with Section 6.

(2) The right of access to a record does not extend to information exempted from disclosure pursuant to this Act, but if that information can reasonably be severed from the record an applicant has the right of access to the remainder of the record. (2A) Subject to subsection (2B), notwithstanding anything contained in this Act, where the record is an executed contract

        (a) in which provision is made for

                (i) in the case of an agreement executed by the Province, the Province,

                (ii) in the case of an agreement executed by a board, commission, foundation, agency, tribunal, association or other body of persons, within the meaning of subclause (i) of clause (j) of Section 3, the board, commission, foundation, agency, tribunal, association or other body of persons, or

                (iii) in the case of an agreement executed by a local public body, the local public body, to make a substantial transfer of risk to a person, including risk related to the operation or financing, or both, of government activities; and

        (b) that is, or is in a class of contracts that is designated, before or within ninety days of the execution of the contract

                (i) by regulations by the Governor in Council, where the contract is executed by the Province,

                (ii) by the legal decision-making authority by which a board, commission, foundation, agency, tribunal, association or other body of persons, within the meaning of subclause (i) of clause (j) of Section 3, acts where the contract is executed by that board, commission, foundation, agency, tribunal, association or other body of persons, or

                (iii) the legal decision-making authority by which a local public body acts where the contract is executed by that local public body, the right of access extends to any information in the contract that, but for this subsection, would be exempted from disclosure pursuant to this Act.

(2B) Subsection (2A) does not apply in respect of any information in the contract, to which that subsection refers,

        (a) respecting trade secrets;

        (b) respecting the financial and business information of the person to whom that subsection refers; and

        (c) the disclosure of which may reasonably be expected to endanger the safety or health of the public, a person or a group of persons.

(3) Nothing in this Act restricts access to information provided by custom or practice prior to this Act coming into force.

(1) A person may obtain access to a record by

        (a) making a request in writing to the public body that has the custody or control of the record;

        (b) specifying the subject-matter of the record requested with sufficient particulars to enable an individual familiar with the subject-matter to identify the record; and

        (c) paying any fees required pursuant to Section 11.

(2) The applicant may ask to examine the record or ask for a copy of the record.

(1) Where a request is made pursuant to this Act for access to a record, the head of the public body to which the request is made shall

        (a) make every reasonable effort to assist the applicant and to respond without delay to the applicant openly, accurately and completely; and

        (b) either

                (i) consider the request and give written notice to the applicant of the head’s decision with respect to the request in accordance with subsection (2), or

                (ii) transfer the request to another public body in accordance with Section 10.

(2) The head of the public body shall respond in writing to the applicant within thirty days after the application is received and the applicant has met the requirements of clauses (b) and (c) of subsection (1) of Section 6, stating

        (a) whether the applicant is entitled to the record or part of the record and

                (i) where the applicant is entitled to access, stating that access will be given on payment of the prescribed fee and setting out where, when and how, or the manner in which, access will be given, or

                (ii) where access to the record or to part of the record is refused, the reasons for the refusal and the provision of this Act on which the refusal is based;

        (b) that the record is not in the custody or control of the public body; or

        (c) where the record would contain information exempted pursuant to Section 15 if the record were in the custody or control of the public body, that confirmation or denial of the existence of the record is refused, and stating

        (d) the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the decision; and

        (e) that the applicant may ask for a review by the Review Officer within sixty days after the applicant is notified of the decision.

(3) The head of a public body who fails to give a written response pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record.

(4) The head of a public body may refuse to disclose to an applicant information

        (a) that is published and available for purchase by the public; or

        (b) that, within thirty days after the applicant’s request is received, is to be published or released to the public.

(5) The head of a public body shall notify an applicant of the publication or release of information that the head has refused to disclose pursuant to clause (b) of subsection (4).

(6) Where the information is not published or released within thirty days after the applicant’s request is received, the head of the public body shall reconsider the request as if it were a new request received on the last day of that period, but the information shall not be refused pursuant to clause (b) of subsection (4).

(1) Where an applicant is informed pursuant to subsection (2) of Section 7 that access will be given, the head of the public body concerned shall

        (a) where the applicant has asked for a copy pursuant to subsection (2) of Section 6 and the record can reasonably be reproduced,

                (i) provide a copy of the record or part of the record with the response, or

                (ii) give the applicant reasons for delay in providing the record; or

        (b) where the applicant has asked to examine the record pursuant to subsection (2) of Section 6 or where the record cannot reasonably be reproduced,

                (i) permit the applicant to examine the record or part of the record, or

                (ii) give the applicant access in accordance with the regulations.

(2) The head of a public body may give access to a record that is a microfilm, film, sound recording, or information stored by electronic or other technological means by

        (a) permitting the applicant to examine a transcript of the record;

        (b) providing the applicant with a copy of the transcript of the record;

        (c) permitting, in the case of a record produced for visual or aural reception, the applicant to view or hear the record or providing the applicant with a copy of it; or

        (d) permitting, in the case of a record stored by electronic or other technological means, the applicant to access the record or providing the applicant a copy of it.

(3) The head of a public body shall create a record for an applicant if

        (a) the record can be created from a machine-readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body. 1

(1) Within ten days after a request for access to a record is received by a public body, or such longer period as the Review Officer may determine, the head of the public body may transfer the request and, if necessary, the record to another public body if

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

(2) Where a request is transferred pursuant to subsection (1),

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer; and

        (b) the head of the public body to which the request is transferred shall respond to the applicant in accordance with this Act not later than thirty days after the request is received by that public body unless this time limit is extended pursuant to Section 9.

A person has a right of access to any record in the custody or under the control of a public body upon complying with Section 6.

The right of access to a record does not extend to information exempted from disclosure pursuant to this Act, but if that information can reasonably be severed from the record an applicant has the right of access to the remainder of the record.

Subject to subsection (2B), notwithstanding anything contained in this Act, where the record is an executed contract

        (a) in which provision is made for

                (i) in the case of an agreement executed by the Province, the Province,

                (ii) in the case of an agreement executed by a board, commission, foundation, agency, tribunal, association or other body of persons, within the meaning of subclause (i) of clause (j) of Section 3, the board, commission, foundation, agency, tribunal, association or other body of persons, or

                (iii) in the case of an agreement executed by a local public body, the local public body, to make a substantial transfer of risk to a person, including risk related to the operation or financing, or both, of government activities; and

        (b) that is, or is in a class of contracts that is designated, before or within ninety days of the execution of the contract

                (i) by regulations by the Governor in Council, where the contract is executed by the Province,

                (ii) by the legal decision-making authority by which a board, commission, foundation, agency, tribunal, association or other body of persons, within the meaning of subclause (i) of clause (j) of Section 3, acts where the contract is executed by that board, commission, foundation, agency, tribunal, association or other body of persons, or

                (iii) the legal decision-making authority by which a local public body acts where the contract is executed by that local public body, the right of access extends to any information in the contract that, but for this subsection, would be exempted from disclosure pursuant to this Act.

Subsection (2A) does not apply in respect of any information in the contract, to which that subsection refers,

        (a) respecting trade secrets;

        (b) respecting the financial and business information of the person to whom that subsection refers; and

        (c) the disclosure of which may reasonably be expected to endanger the safety or health of the public, a person or a group of persons.

Nothing in this Act restricts access to information provided by custom or practice prior to this Act coming into force. 1993, c. 5, s. 5; 1999 (2nd Sess.), c. 11, s. 5 .

A person may obtain access to a record by

        (a) making a request in writing to the public body that has the custody or control of the record;

        (b) specifying the subject-matter of the record requested with sufficient particulars to enable an individual familiar with the subject-matter to identify the record; and

        (c) paying any fees required pursuant to Section 11.

The applicant may ask to examine the record or ask for a copy of the record. 1993, c. 5, s. 6.

Where a request is made pursuant to this Act for access to a record, the head of the public body to which the request is made shall

        (a) make every reasonable effort to assist the applicant and to respond without delay to the applicant openly, accurately and completely; and

        (b) either

                (i) consider the request and give written notice to the applicant of the head’s decision with respect to the request in accordance with subsection (2), or

                (ii) transfer the request to another public body in accordance with Section 10.

The head of the public body shall respond in writing to the applicant within thirty days after the application is received and the applicant has met the requirements of clauses (b) and (c) of subsection (1) of Section 6, stating

        (a) whether the applicant is entitled to the record or part of the record and

                (i) where the applicant is entitled to access, stating that access will be given on payment of the prescribed fee and setting out where, when and how, or the manner in which, access will be given, or

                (ii) where access to the record or to part of the record is refused, the reasons for the refusal and the provision of this Act on which the refusal is based;

        (b) that the record is not in the custody or control of the public body; or

        (c) where the record would contain information exempted pursuant to Section 15 if the record were in the custody or control of the public body, that confirmation or denial of the existence of the record is refused, and stating

        (d) the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the decision; and

        (e) that the applicant may ask for a review by the Review Officer within sixty days after the applicant is notified of the decision.

The head of a public body who fails to give a written response pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record.

The head of a public body may refuse to disclose to an applicant information

        (a) that is published and available for purchase by the public; or

        (b) that, within thirty days after the applicant’s request is received, is to be published or released to the public.

The head of a public body shall notify an applicant of the publication or release of information that the head has refused to disclose pursuant to clause (b) of subsection (4).

Where the information is not published or released within thirty days after the applicant’s request is received, the head of the public body shall reconsider the request as if it were a new request received on the last day of that period, but the information shall not be refused pursuant to clause (b) of subsection (4). 1993, c.5, s. 7; 1999 (2nd Sess.), c. 11, ss.6, 23.

Where an applicant is informed pursuant to subsection (2) of Section 7 that access will be given, the head of the public body concerned shall

        (a) where the applicant has asked for a copy pursuant to subsection (2) of Section 6 and the record can reasonably be reproduced,

                (i) provide a copy of the record or part of the record with the response, or

                (ii) give the applicant reasons for delay in providing the record; or

        (b) where the applicant has asked to examine the record pursuant to subsection (2) of Section 6 or where the record cannot reasonably be reproduced,

                (i) permit the applicant to examine the record or part of the record, or

                (ii) give the applicant access in accordance with the regulations.

The head of a public body may give access to a record that is a microfilm, film, sound recording, or information stored by electronic or other technological means by

        (a) permitting the applicant to examine a transcript of the record;

        (b) providing the applicant with a copy of the transcript of the record;

        (c) permitting, in the case of a record produced for visual or aural reception, the applicant to view or hear the record or providing the applicant with a copy of it; or

        (d) permitting, in the case of a record stored by electronic or other technological means, the applicant to access the record or providing the applicant a copy of it.

The head of a public body shall create a record for an applicant if

        (a) the record can be created from a machine-readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body. 1993, c. 5, s.8.

Within ten days after a request for access to a record is received by a public body, or such longer period as the Review Officer may determine, the head of the public body may transfer the request and, if necessary, the record to another public body if

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

Where a request is transferred pursuant to subsection (1),

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer; and

        (b) the head of the public body to which the request is transferred shall respond to the applicant in accordance with this Act not later than thirty days after the request is received by that public body unless this time limit is extended pursuant to Section 9. 1993, c. 5, s.10; 1999 (2nd Sess.), c. 11, s. 7 .

7(1) Subject to this Act, every person is entitled to request and receive information relating to the public business of a public body, including, without restricting the generality of the foregoing, any activity or function carried on or performed by any public body to which this Act applies.

7(2) Without limiting subsection (1), every individual is entitled to request and receive information about himself or herself.

7(3) The right to request and receive information under subsection (1) does not extend to information that is excepted from disclosure under Division B or C of this Part, but if that information can reasonably be severed from the record, an applicant has a right to request and receive information from the remainder of the record.

8(1) If a person wishes to request and receive information relating to the public business of a public body, the person shall make a request, in writing or by electronic means, for access to the record to the public body that the person believes has custody or control of the record.

(2) A request for access to a record shall

        (a) specify the record requested or where the record in which the relevant information may be contained is not known to the applicant, provide enough particularity as to time, place and event to enable a person familiar with the subject matter to identify the relevant record, and

        (b) include any information prescribed by regulation.

(3) An applicant may make an oral request for access to a record if the applicant

        (a) has a limited ability to read or write in English or in French, or

        (b) has a disability or condition that impairs his or her ability to make a written request.

The head of a public body shall make every reasonable effort to assist an applicant, without delay, fully and in an open and accurate manner.

10(1) If requested information is in the custody or control of a public body in electronic form, the head of the public body shall produce a record for the applicant if

        (a) it can be produced using the normal computer hardware and software and technical expertise of the public body, and

        (b) producing it would not interfere unreasonably with the operations of the public body.

10(2) If a record exists but is not in the form requested by the applicant, the head of the public body may create a record in the form requested if the head is of the opinion that it would be simpler and less costly for the public body to do so.

(1) If the head of the public body sends the applicant a written request for clarification or a written request to pay or agree to pay a fee for access to a record and the applicant does not respond to the request within 20 business days after receiving the request, the head of the public body may consider the request for access to be abandoned.

(2) If the head of the public body decides to consider the request to be abandoned under subsection (1), the head shall notify the applicant in writing of his or her right to file a complaint with the Ombud with respect to the decision.

13(1) Within 10 business days after a public body receives a request for access to a record, the head of the public body may transfer the request to another public body if

        (a) the record was produced by or for the other public body,

        (b) the other public body was the first to obtain the record, or

        (c) the record is in the custody of or under the control of the other public body.

13(2) If a request for access to a record is transferred under subsection (1),

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer in writing as soon as the circumstances permit, and

        (b) the head of the public body to which the request is transferred shall respond to the request within 30 business days after receiving it, unless the time limit is extended under subsection 11(3) or notice is given to a third party under section 34.

1) In a response under subsection 11(1), the head of the public body shall inform the applicant

        (a) as to whether access to the record or part of the record is granted or refused,

        (b) if access to the record or part of the record is granted, of the manner in which access will be given, and

        (c) if access to the record or part of the record is re- fused,

        (i) in the case of a record that does not exist or cannot be located, that the record does not exist or cannot be located;

                (ii) in the case of a record that exists and can be located, of the reasons for the refusal and the spe- cific provision of this Act on which the refusal is based;

                (iii) of the title and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal; and

                (iv) that the applicant has the right to file a com- plaint with the Ombud about the refusal or to refer the matter to a judge of The Court of Queen’s Bench of New Brunswick for review.

2) body may, in a response, refuse to confirm or deny the existence of Despite paragraph (1)(c), the head of a public

        (a) a record containing information for which dis- closure may be refused under sections 28 and 29, and

        (b) a record containing personal information about a third party if disclosing the existence of the record would be an unreasonable invasion of the third party’s privacy

On the request of a public body, the Ombud may authorize the head to disregard one or more requests for access if the request for access

        (a) would unreasonably interfere with the opera- tions of the public body because of the repetitious or systematic nature of the request or previous requests,

        (b) is incomprehensible, frivolous or vexatious, or

        (c) is for information already provided to the appli- cant.

16(1) Subject to subsection 7(3), the right of access to a record is met under this Part

        (a) if the applicant has asked for a copy and the re- cord can reasonably be reproduced, by giving the ap- plicant a copy of the record, or

        (b) if the applicant has asked to examine a record or has asked for a copy of a record that cannot reasona- bly be reproduced, by permitting the applicant to ex- amine the record or a part of the record or by giving him or her access in accordance with the regulations.

16(1.1) The head of a public body may obscure infor- mation contained in a record referred to in paragraph (1)(a) or (b) or sever information from a record referred to in paragraph (1)(a) or (b) before giving the applicant a copy of the record or permitting the applicant to examine the record, if, in the opinion of the head, the information is not relevant to the request for information.

16(2) The head of a public body who gives access to a record may give the applicant any additional information that the head believes may be necessary to explain the record.

16(3) The head of a public body shall only be required to give access to a record in the language or languages in which the record was made.

An applicant has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant. Excepted information, severance The right of access to a record does not extend to information excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record. Fee The right of access to a record is subject to the payment of any fee required by the regulations.

(1)To obtain access to a record, a person shall make a request to the public body that the person believes has custody or control of the record. Form, etc.

(2) A request shall be in writing and shall provide enough detail to enable the public body to identify the record. Copy or examination (3) In a request, the applicant may ask

        (a) for a copy of the record; or

        (b) to examine the record. Abandoned requests

(4) Where the head of a public body contacts an applicant in writing respecting the applicant’s request including

        (a) seeking further information from the applicant that is necessary to process the request, or

        (b) requesting the applicant to pay a fee or to agree to pay a fee, and the applicant fails to respond to the head of the public body, as requested by the head, within 30 days of being contacted, the head of the public body may, by notice in writing to the applicant, declare the request abandoned. Notice

(5) A notice given by the head of a public body under subsection (4) shall state that the applicant may ask for a review, under Part IV, of a declaration of abandonment of the applicant’s request.

(1) The head of a public body shall make every reasonable effort to assist applicants and to respond to each applicant openly, accurately and completely. Creation of record

(2) The head of a public body shall create a record for an applicant if

        (a) the record can be created from a record that is in electronic form and in the custody or under the control of the public body, using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body.

(1) In a response under section 9, the applicant shall be informed

        (a) whether access to the record or part of it is granted or refused;

        (b) if access to the record or part of it is granted, where, when and how access will be given; and

        (c) if access to the record or to part of it is refused,

                (i) the reasons for the refusal and the provision of this Act on which the refusal is based,

                (ii) the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and

                (iii) that the applicant may ask for a review of that decision by the Commissioner or an adjudicator, as the case may be.

(2) Refusal to confirm etc. existence of record Despite subclause (1)(c) (i), the head of a public body may, in a response, refuse to confirm or deny the existence of

        (a) a record containing information described in section 16 or 18; or

        (b) a record containing personal information about a third party if disclosing the existence of the information would be an unreasonable invasion of the third party’s personal privacy. 2001

If an applicant is told under subsection 10

(1) that access will be granted, the head of the public body shall comply with this section. Copy of record If the applicant has asked for a copy of a record and the record can reasonably be reproduced,

        (a) a copy of the record or part of it shall be provided with the response; or

        (b) the applicant shall be given reasons for any delay in providing the copy. Delay If there will be a delay in providing the copy under subsection

(2), the applicant shall be informed as to where, when and how the copy will be provided. Examination of record If the applicant has asked to examine a record or for a copy of a record that cannot reasonably be reproduced, the applicant

        (a) shall be permitted to examine the record or part of it; or

        (b) shall be given access in accordance with the regulations.

(1) Within 15 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body. Idem

(2) If a request is transferred under subsection (1),

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer as soon as practicable; and

        (b) the head of the public body to which the request is transferred shall make every reasonable effort to respond to the request not later than 30 days after receiving the request unless that time limit is extended under section 12.

An applicant has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

The right of access to a record does not extend to information excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

To obtain access to a record, a person shall make a request to the public body that the person believes has custody or control of the record.

A request shall be in writing and shall provide enough detail to enable the public body to identify the record.

In a request, the applicant may ask

        (a) for a copy of the record; or

        (b) to examine the record.

Where the head of a public body contacts an applicant in writing respecting the applicant’s request including

        (a) seeking further information from the applicant that is necessary to process the request, or

        (b) requesting the applicant to pay a fee or to agree to pay a fee, and the applicant fails to respond to the head of the public body, as requested by the head, within 30 days of being contacted, the head of the public body may, by notice in writing to the applicant, declare the request abandoned.

A notice given by the head of a public body under subsection (4) shall state that the applicant may ask for a review, under Part IV, of a declaration of abandonment of the applicant’s request. 2001,c.37,s.7; 2002,c.27,s.5.

The head of a public body shall make every reasonable effort to assist applicants and to respond to each applicant openly, accurately and completely.

The head of a public body shall create a record for an applicant if

        (a) the record can be created from a record that is in electronic form and in the custody or under the control of the public body, using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body. 2001,c.37,s.8.

The failure of the head to respond to a request within the 30 day period or any extended period is to be treated as a decision to refuse access to the record. 2001,c.37,s.9.

In a response under section 9, the applicant shall be informed

        (a) whether access to the record or part of it is granted or refused;

        (b) if access to the record or part of it is granted, where, when and how access will be given; and

        (c) if access to the record or to part of it is refused,

                (i) the reasons for the refusal and the provision of this Act on which the refusal is based,

                (ii) the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and

                (iii) that the applicant may ask for a review of that decision by the Commissioner or an adjudicator, as the case may be.

Despite subclause (1)(c)(i), the head of a public body may, in a response, refuse to confirm or deny the existence of

        (a) a record containing information described in section 16 or 18; or

        (b) a record containing personal information about a third party if disclosing the existence of the information would be an unreasonable invasion of the third party’s personal privacy. 2001,c.37,s.10; 2005,c.6,s.3.

If an applicant is told under subsection 10(1) that access will be granted, the head of the public body shall comply with this section.

If the applicant has asked for a copy of a record and the record can reasonably be reproduced,

        (a) a copy of the record or part of it shall be provided with the response; or

        (b) the applicant shall be given reasons for any delay in providing the copy.

If there will be a delay in providing the copy under subsection (2), the applicant shall be informed as to where, when and how the copy will be provided.

If the applicant has asked to examine a record or for a copy of a record that cannot reasonably be reproduced, the applicant

        (a) shall be permitted to examine the record or part of it; or

        (b) shall be given access in accordance with the regulations. 2001,c.37,s.11; 2002,c.27,s.6.

The head of a public body may, with the Commissioner’s permission, extend the time for responding to a request if multiple concurrent requests have been made by the same applicant or multiple concurrent requests have been made by two or more applicants who work for the same organization or who work in association with each other.

If the time is extended under subsection (1), (2) or (3), the head of the public body shall inform the applicant

        (a) of the reason for the extension;

        (b) of when a response can be expected;

        (c) and of the applicant’s entitlement to make a complaint to

                (i) the Commissioner under subsection 50(2) if the decision was not made by the Commissioner, or

                (ii) an adjudicator under section 68.1 if the decision was made by the Commissioner. 2001,c.37,s.12; 2002,c.27,s.7; 2005,c.6,s.4.

Within 15 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

If a request is transferred under subsection (1),

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer as soon as practicable; and

        (b) the head of the public body to which the request is transferred shall make every reasonable effort to respond to the request not later than 30 days after receiving the request unless that time limit is extended under section 12. 2001,c.37,s.13.

The disclosure of personal information under clause (2)(j) is an unreasonable invasion of personal privacy if the third party whom the information is about has requested that the information not be disclosed.

A disclosure of personal information is presumed to be an unreasonable invasion of a third party’s personal privacy if

        (a) the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation;

        (b) the personal information was compiled and is identifiable as part of a law enforcement matter, except to the extent that disclosure is necessary to prosecute in respect of , or to continue or conclude, the matter;

        (c) the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels;

        (d) the personal information relates to employment or educational history;

        (e) the personal information was collected on a tax return or gathered for the purpose of collecting a tax;

                (e.1) the personal information consists of an individual’s bank account information or credit card information;

        (f) the personal information consists of personal recommendations or evaluations, character references or personnel evaluations;

        (g) the personal information consists of the third party’s name where

                (i) it appears with other personal information about the third party, or

                (ii) the disclosure of the name itself would reveal personal information about the third party; or

        (h) the personal information indicates the third party’s racial or ethnic origin, or religious or political beliefs or associations.

In determining under subsections (1) and (4) whether a disclosure of personal information constitutes an unreasonable invasion of a third party’s personal privacy, the head of a public body shall consider all the relevant circumstances, including whether

        (a) the disclosure is desirable for the purpose of subjecting the activities of the Government of Prince Edward Island or a public body to public scrutiny;

        (b) the disclosure is likely to promote public health and safety or the protection of the environment;

        (c) the personal information is relevant to a fair determination of the applicant’s rights;

        (d) the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people;

        (e) the third party will be exposed unfairly to financial or other harm;

        (f) the personal information has been supplied in confidence;

        (g) the personal information is likely to be inaccurate or unreliable;

        (h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant; and

        (i) the personal information was originally provided by the applicant. 2001,c.37,s.15; 2002,c.27,s.9; 2005,c.6,s.6; 2016,c.6,s.119; 2018,c.27,s.4.

When the head of a public body is considering giving access to a record that may contain information

        (a) that affects the interests of a third party under section 14; or the disclosure of which would be an unreasonable invasion of a third party’s personal privacy under section 15,

        (b) the head shall, subject to section 27, where practicable and as soon as practicable, give written notice to the third party in accordance with subsection (3).

Subsection (1) does not apply to a record containing information described in clause 15(2)(j).

Subsection (1) does not apply to information that the head of the public body may refuse to disclose in accordance with section 27.

If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 14 or 15, the head may give written notice to the third party in accordance with subsection (3).

A notice under this section shall

        (a) state that a request has been made for access to a record that may contain information the disclosure of which would affect the interests or invade the personal privacy of the third party;

        (b) include a copy of the record or part of it containing the information in question or describe the contents of the record; and

        (c) state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or make representations to the public body explaining why the information should not be disclosed.

When notice is given under subsection (1), the head of the public body shall also give the applicant a notice stating that

        (a) the record requested by the applicant may contain information the disclosure of which would affect the interests or invade the personal privacy of a third party;

        (b) the third party is being given an opportunity to make representations concerning disclosure; and

        (c) a decision will be made within 30 days after the day notice is given under subsection (1). 2001,c.37,s.28; 2002,c.27,s.18; 2005,c.6,s.9; 2018,c.27,s.9.

On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision, including reasons for the decision, to the applicant and the third party.

If the head of a public body decides to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant will be given access unless the third party asks for a review under Part IV within 20 days after that notice is given.

If the head of a public body decides not to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant may ask for a review under Part IV. 2001,c.37,s.29; 2002,c.27,s.19.

(1) A person who makes a request under section 11 has a right of access to a record in the custody or under the control of a public body, including a record containing personal information about the applicant.

(2) The right of access to a record does not extend to information excepted from disclosure under this Act, but if it is reasonable to sever that information from the record, an applicant has a right of access to the remainder of the record.

(3) The right of access to a record may be subject to the payment, under section 25 , of the costs of reproduction, shipping and locating a record.

(1) The head of a public body shall make every reasonable effort to assist an applicant in making a request and to respond without delay to an applicant in an open, accurate and complete manner.

(2) The applicant and the head of the public body shall communicate with one another under this Part through the coordinator.

(1) The head of a public body may, upon notifying the applicant in writing, transfer a request to another public body not later than 5 business days after receiving it, where it appears that

        (a) the record was produced by or for the other public body; or

        (b) the record or personal information is in the custody of or under the control of the other public body.

(2) The head of the public body to which a request is transferred shall respond to the request, and the provisions of this Act shall apply, as if the applicant had originally made the request to and it was received by that public body on the date it was transferred to that public body.

(1) The head of a public body shall, not more than 10 business days after receiving a request, provide an advisory response in writing to

        (a) advise the applicant as to what will be the final response where

                (i) the record is available and the public body is neither authorized nor required to refuse access to the record under this Act, or

                (ii) the request for correction of personal information is justified and can be readily made; or

        (b) in other circumstances, advise the applicant of the status of the request.

(2) An advisory response under paragraph (1)(b) shall inform the applicant about one or more of the following matters, then known:

        (a) a circumstance that may result in the request being refused in full or in part;

        (b) a cause or other factor that may result in a delay beyond the time period of 20 business days and an estimated length of that delay, for which the head of the public body may seek approval from the commissioner under section 23 to extend the time limit for responding;

        (c) costs that may be estimated under section 26 to respond to the request;

        (d) a third party interest in the request; and

        (e) possible revisions to the request that may facilitate its earlier and less costly response.

(3) The head of the public body shall, where it is reasonable to do so, provide an applicant with a further advisory response at a later time where an additional circumstance, cause or other factor, costs or a third party interest that may delay receipt of a final response, becomes known.

(1) In a final response to a request for access to a record, the head of a public body shall inform the applicant in writing

        (a) whether access to the record or part of the record is granted or refused;

        (b) if access to the record or part of the record is granted, where, when and how access will be given; and

        (c) if access to the record or part of the record is refused,

                (i) the reasons for the refusal and the provision of this Act on which the refusal is based, and

                (ii) that the applicant may file a complaint with the commissioner under section 42 or appeal directly to the Trial Division under section 52 , and advise the applicant of the applicable time limits and how to file a complaint or pursue an appeal.

(2) Notwithstanding paragraph (1)(c), the head of a public body may in a final response refuse to confirm or deny the existence of

        (a) a record containing information described in section 31 ;

        (b) a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of a third party’s personal privacy under section 40 ; or

        (c) a record that could threaten the health and safety of an individual.

(1) In a final response to a request for correction of personal information, the head of a public body shall inform the applicant in writing

        (a) whether the requested correction has been made; and

        (b) if the request is refused,

                (i) the reasons for the refusal,

                (ii) that the record has been annotated, and

                (iii) that the applicant may file a complaint with the commissioner under section 42 or appeal directly to the Trial Division under section 52 , and advise the applicant of the applicable time limits and how to file a complaint or pursue an appeal.

(2) Where no correction is made in response to a request, the head of the public body shall annotate the information with the correction that was requested but not made.

(3) Where personal information is corrected or annotated under this section, the head of the public body shall notify a public body or a third party to whom that information has been disclosed during the one year period before the correction was requested.

(4) Where a public body is notified under subsection (3) of a correction or annotation of personal information, the public body shall make the correction or annotation on a record of that information in its custody or under its control.

(1) Where the head of a public body informs an applicant under section 17 that access to a record or part of a record is granted, he or she shall

        (a) give the applicant a copy of the record or part of it, where the applicant requested a copy and the record can reasonably be reproduced; or

        (b) permit the applicant to examine the record or part of it, where the applicant requested to examine a record or where the record cannot be reasonably reproduced.

(2) Where the requested information is in electronic form in the custody or under the control of a public body, the head of the public body shall produce a record for the applicant where

        (a) it can be produced using the normal computer hardware and software and technical expertise of the public body; and

        (b) producing it would not interfere unreasonably with the operations of the public body.

(3) Where the requested information is information in electronic form that is, or forms part of, a dataset in the custody or under the control of a public body, the head of the public body shall produce the information for the applicant in an electronic form that is capable of re-use where

        (a) it can be produced using the normal computer hardware and software and technical expertise of the public body;

        (b) producing it would not interfere unreasonably with the operations of the public body; and

        (c) it is reasonably practicable to do so.

(4) Where information that is, or forms part of, a dataset is produced, the head of the public body shall make it available for re-use in accordance with the terms of a licence that may be applicable to the dataset.

(5) Where a record exists, but not in the form requested by the applicant, the head of the public body may, in consultation with the applicant, create a record in the form requested where the head is of the opinion that it would be simpler or less costly for the public body to do so.

38(1) This Part applies to all information and records (including court services information) held by a public body except the following:

        (a) a court record;

        (b) information contained in a court registry;

        (c) judicial information;

        (d) adjudicative information;

        (e) a record made by or for a member of the Legislative Assembly who is not a minister;

        (f) a record made by or for a member of the Legislative Assembly who is a minister that relates to a personal or constituency matter of the member;

        (g) a record made by or for an officer of the Legislative Assembly that relates to their exercise of powers or their performance of duties under an Act;

        (h) a record that relates to a prosecution, if the proceedings for the prosecution have not been completed;

        (i) a record made by or for a coroner that relates to an investigation, inquiry or inquest conducted by the coroner under the Coroners Act that has not been completed;

        (j) a record of a service provider that does not relate to a service provided for or on behalf of a public body by the service provider;

        (k) a record acquired by the archivist under section 9 of the Archives Act from a person other than a public body;

        (l) personal health information held by a public body, or a program or activity of a public body, under its authority and in relation to its function as a custodian;

        (m) information contained in an examination or test;

        (n) information materials; contained in teaching

        (o) information gathered or created for the purpose of research conducted by

                (i) a researcher who is a member of the teaching faculty of Yukon University or another post-secondary institution,

                (ii) a teaching or research assistant of a researcher referred to in subparagraph (i), or

                (iii) any other person carrying out research in association with Yukon University or another post-secondary institution.

(2) For greater certainty, information or a record that a public body has disposed of in accordance with an Act of the Legislature or of Parliament, or in accordance with a court order, is not considered to be held by the public body even if, after the disposal is carried out, the information or the record, or any part of it, continues to be stored in any medium. SY 2019, c.15, s.65

44(1) A person may request access to information (including their own personal information) held by a public body by submitting, in accordance with the regulations, if any, an access request to the access and privacy officer.

(2) The access and privacy officer must make reasonable efforts to assist an applicant in submitting an access request, including assisting the applicant in identifying in their submission under subsection (1) the public body that is to be the responsive public body in respect of the access request.

45(1) Subject to subsection (2), the access and privacy officer must not disclose to any other person

        (a) the name of an applicant; or

        (b) whether the applicant is an individual or a corporation.

(2) The access and privacy officer may disclose an applicant’s name to

        (a) a designated access officer for the responsive public body if

                (i) the access request is for the applicant’s personal information,

                (ii) the disclosure is necessary for the head of the responsive public body to respond to the access request, or

                (iii) the applicant consents, in writing, to the disclosure; or

        (b) the commissioner, if the commissioner has requested the disclosure for the purpose of their exercise of a power or performance of a duty under this Act.

46(1) Not later than 10 business days after the day on which an applicant submits an access request, the access and privacy officer must decide whether to

        (a) accept the access request for processing in accordance with section 47; or

        (b) refuse to process the access request in accordance with section 48.

(2) If the access and privacy officer does not, before the end of the 10 business days referred to in subsection (1), take any action in respect of an access request, the access and privacy officer is considered to have decided to refuse the access request for processing on the day immediately following the 10th business day.

47(1) The access and privacy officer must accept an access request for processing if they determine, in accordance with the regulations, if any, that the access request contains sufficient detail about the information being requested to reasonably enable the head of the responsive public body to respond to the access request.

(2) Without delay after accepting an access request for processing, the access and privacy officer must provide

        (a) subject to section 45, a copy of the access request to

                (i) the head of the responsive public body, and

                (ii) a designated access officer for the responsive public body; and

        (b) a notice to the applicant that states that their access request has been provided to the responsive public body for processing.

48(1) Subject to subsection (2), the access and privacy officer may decide to refuse to process an access request if

        (a) they determine under subsection 47(1) that the access request does not contain sufficient detail about the information being requested to reasonably enable the head of the responsive public body to respond to the access request; or

        (b) they determine, in accordance with the regulations, if any, that

                (i) the access request is for access to substantially the same information that the head of the responsive public body provided to the applicant in response to an access request previously submitted by the applicant,

                (ii) the access request is for access to substantially the same information that the applicant requested from the head of the responsive public body in an access request submitted by the applicant within the 60- day period preceding the day on which the access request was submitted, or

                (iii) based on the amount of information that could reasonably be identified as relevant to the access request, the amount of research, compilation and examination of information that would be required to be undertaken by the responsive public body would unreasonably interfere with the responsive public body’s operations. (2) Before deciding to refuse to process an access request, the access and privacy officer must consult with

        (a) the applicant who submitted the access request; and

        (b) the head of the responsive public body.

(3) Without delay after deciding to refuse to process an access request, the access and privacy officer must provide a notice of the decision to the applicant that includes

        (a) the reasons for the decision; and

        (b) a statement notifying the applicant of their right to make a complaint under section 49.

49 An applicant may, in respect of a decision to refuse to process their access request, make a complaint to the commissioner by filing the complaint in accordance with section 90.

50(1) Subject to subsection (2), the head of a responsive public body must respond to an access request in accordance with section 64 not later than

        (a) the 30th business day following the activation date for the access request; or

        (b) if one or more extensions are granted under subsection 62(2) or subparagraph 63(2)(a)(i) in respect of the access request, the latest response date provided under the extensions.

(2) The period described in subsection (3) is not to be included in the calculation of the response date for an access request under subsection (1).

(3) The period referred to in subsection (2) is the period that begins on the day on which the applicant is provided with a cost estimate for their access request in accordance with paragraph 54(2)(b) and ends on, as applicable

        (a) the day on which the applicant is provided with a notice of a decision to grant the applicant a waiver of costs in respect of their access request under paragraph 56(1)(b); or

        (b) otherwise, the day on which the applicant agrees to pay the prescribed cost, or a portion of the prescribed cost, for processing their access request in accordance with paragraph 55(1)(a).

“51 Without delay after receiving a copy of an access request under subparagraph 47(2)(a)(ii), the designated access officer who received the copy must

        (a) make a request, in accordance with the regulations, if any, for all information relevant to the access request

                (i) to the head of the responsive public body, if the designated access officer reasonably believes the head is likely to hold information relevant to the access request, and

                (ii) to each employee of the responsive public body who the designated access

officer reasonably believes is likely to hold information relevant to the access request; and

        (b) specify the date by which the head’s and each employee’s response to the request must be provided to the designated access officer.”

52(1) The head and each employee of a responsive public body who receive a request under paragraph 51(a) must, by the date specified in the request, provide a response to the designated access officer who made the request

        (a) indicating whether they hold information relevant to the access request; and

        (b) if they hold information relevant to the access request

                (i) estimating the amount of information that they hold, and

                (ii) identifying each program or activity of the public body on behalf of which they hold the information.

(2) If an employee who is required to provide a response under subsection (1) does not respond to the request by the date specified in the request, the designated access officer must

        (a) make a note in the access information summary for the access request to which the request relates indicating that the employee did not respond to the request; and

        (b) without delay, report the lack of response to the head of the responsive public body.

53 Not later than 10 business days after the activation date for an access request, the designated access officer must, in accordance with the regulations, if any, provide to the access and privacy officer a written summary of the responses provided to them under subsection 52(1) in respect of their request for all information relevant to the access request that

        (a) sets out the estimated amount of information relevant to the access request; and

        (b) specifies each program or activity of the responsive public body that holds information relevant to the access request.

54(1) Not later than five business days after the day on which an access information summary is provided under section 53, the access and privacy officer must determine, in accordance with the regulations, the cost estimate for processing the access request.

(2) Immediately after making a determination of the cost estimate for processing an access request under subsection (1), the access and privacy officer must

        (a) if the cost estimate is zero, notify, without delay, a designated access officer for the responsive public body to proceed with processing the access request; and

        (b) if the cost estimate is more than zero, provide a copy of the cost estimate and the access information summary for the access request to the applicant.

(3) If the access and privacy officer does not, before the end of the five business days referred to in subsection (1), provide the cost estimate for the processing of an access request, and the access information summary, to the applicant under paragraph (2)(b)

        (a) the cost estimate for processing the access request is considered to be zero; and

        (b) the access and privacy officer must, without delay, provide notification to a designated access officer under paragraph (2)(a).

(4) An applicant to whom a copy of a cost estimate is provided under paragraph (2)(b) may make a complaint to the commissioner by filing the complaint in accordance with section 90.

(5) Subsection 58(1) does not apply to an access request in respect of which a complaint has been filed in accordance with subsection (4) during the period that begins on the day on which the complaint is filed and ends on, as applicable

        (a) the day on which the commissioner dismisses the complaint under subparagraph 91(1)(a)(ii); or

        (b) the day on which the respondent provides a notice to the complainant under subparagraph 104(1)(b)(i) in respect of the complaint.

55(1) On receiving the cost estimate for processing their access request under paragraph 54(2)(b), an applicant may, in accordance with the regulations

        (a) agree to pay

                (i) the prescribed cost for processing the access request, or

                (ii) subject to subsection (2), if the applicant requests that only a portion of their access request be processed, the prescribed cost for processing that portion of the access request; or

        (b) apply for a waiver of the requirement to pay the prescribed cost, or a portion of the prescribed cost, for processing the access request.

(2) If an applicant agrees to pay the prescribed cost for processing only a portion of their access request under subparagraph (1)(a)(ii)

        (a) the access request is considered to be only that portion of the applicant’s original accessrequest; and

        (b) the remaining portion of the access request is, for the purposes of this Act, considered to be abandoned.

56(1) Not later than 10 business days after the day on which an applicant applies for a waiver, the access and privacy officer must, in accordance with the regulations, if any

        (a) decide whether to

                (i) grant to the applicant a waiver of the requirement to pay the prescribed cost, or a portion of the prescribed cost, or

                (ii) refuse to grant to the applicant a waiver of the requirement to pay the prescribed cost, or a portion of the prescribed cost; and

        (b) provide a notice of the decision to the applicant.

(2) If the access and privacy officer does not, before the end of the 10 business days referred to in subsection (1), provide a notice of decision to the applicant in accordance with paragraph (1)(b), the applicant’s application for the waiver to which the notice relates is considered to have been refused by the access and privacy officer under subparagraph (1)(a)(ii) on the day immediately following the 10th business day.

(3) An applicant whose application for a waiver has been refused by the access and privacy officer under paragraph (1)(b) may make a complaint to the commissioner by filing the complaint in accordance with section 90.

(4) Subsection 58(1) does not apply to an access request in respect of which a complaint

has been filed in accordance with subsection (3) during the period that begins on the day on which the complaint is filed and ends on, as applicable

        (a) the day on which the commissioner dismisses the complaint under subparagraph 91(1)(a)(ii); or

        (b) the day on which the respondent provides a notice under subparagraph 104(1)(b)(i) in respect of the complaint to the complainant.

57(1) The access and privacy officer must provide notice to a designated access officer for the responsive public body to proceed with processing the access request

        (a) without delay after the applicant agrees to pay, in accordance with paragraph 55(1)(a), the prescribed cost, or a portion of the prescribed cost, for processing the access request; or

        (b) on granting a waiver to the applicant under subparagraph 56(1)(a)(i).

(2) Without delay after being provided with notice under subsection (1) to proceed with processing an access request, the designated access officer who receives the notice must proceed with processing the access request.

58(1) If, on the 20th business day following the day on which a cost estimate is provided to an applicant under paragraph 54(2)(b), the applicant has not agreed to pay the prescribed cost for processing their access request in accordance with paragraph 55(1)(a) or has not been granted a waiver under subparagraph 56(1)(a)(i) in respect of their access request to which the cost estimate relates, the access and privacy officer may

        (a) determine that the access request is abandoned;

        (b) take no further action in respect of the access request; and

        (c) if the access and privacy officer makes a determination under paragraph (a), provide, without delay after making the determination, a notice to the applicant that their access request has been determined to be abandoned.

(2) An applicant to whom a notice is provided under paragraph (1)(c) may make a complaint to the commissioner by filing the complaint in accordance with section 90.

64(1) Subject to subsections (3) and 92(1), the head of the responsive public body must respond to an access request, through the access and privacy officer or in the prescribed manner, if any, not later than the response date for the access request by

        (a) granting the applicant access to all the information relevant to the access request that is held by the responsive public body except the information and records withheld under paragraph (b); (b) withholding from the applicant, in accordance with the regulations, if any, the following information and records relevant to the access request that are held by the responsive public body:

                (i) information and records that the head has determined are generally excluded information,

                (ii) information and records to which the head has determined that access is prohibited under Division 8,

                (iii) information and records to which the head has decided to deny the applicant access under Division 9;

        (c) subject to paragraph (7)(b), providing the applicant with access to the information to which they have been granted access in accordance with section 65, and

        (d) providing the applicant with written reasons for the response in accordance with subsection (2).

(2) The head’s written reasons for their response to an access request must

        (a) in respect of each determination or decision made under paragraph (1)(b)

                (i) specify the provision of this Part under which the determination or decision was made, and

                (ii) in the case of a decision referred to in subparagraph (1)(b)(iii), provide any further explanation that the head considers necessary to substantiate their reason for making the decision;

        (b) include the business contact information of the employee of the responsive public body whom the applicant may contact in respect of a question relating to the head’s response to the access request; and

        (c) include a notification to the applicant of their right to make a complaint under section 66 in respect of the response.

(3) The head of a responsive public body may decide not to reveal in their response, in accordance with subsection (4), the existence of information or a record relevant to an access request only if

        (a) the information is, or the record contains, personal information for which the head has determined that revealing its existence to the applicant could reasonably be expected to cause significant harm to an individual; or

        (b) the information or record is of a type or class of information or record to which the head may deny access under subsection 72(1) or section 79.

(4) If the head of a responsive public body decides not to reveal the existence of information or a record under subsection (3), the head must

        (a) in respect of their response to the applicant, state that no information or record was identified in respect of the matter to which the information or record relates; and

        (b) without delay after making the decision, provide the commissioner with a notice of their decision, including the reasons for the decision.

(5) The head of a responsive public body must make reasonable efforts to respond to an applicant under this section in an open, accurate and complete manner.

(6) If the head of a responsive public body does not respond to an access request by its response date

        (a) the head is considered to have denied the applicant access to all the information relevant to the access request that is held by the responsive public body; and

        (b) the head must, without delay after the response date, provide to the commissioner a notice that no response was provided by the response date and that states the reason why a response was not provided.

(7) If, by the response date for an access request, the applicant has not paid the prescribed cost for processing the access request that they agreed to pay under paragraph 55(1)(a), the head of the responsive public body

        (a) is still required to respond to the access request (through the access and privacy officer or in the prescribed manner, if any) by its response date; and

        (b) must not, until the applicant has paid the prescribed cost, provide the applicant with access in accordance with section 65 to the information to which they have been granted access.

(8) If, by the 31st business day following the response date for an access request, the applicant has not paid the prescribed cost for processing the access request, the head of the responsive public body must consider the access request abandoned.

65(1) The head of a responsive public body must, in accordance with the regulations, if any, provide an applicant with access to the information referred to in paragraph 64(1)(a) by

        (a) in the case of information of which the responsive public body can reasonably make a copy, providing the copy of the information to the applicant; or

        (b) in the case of information of which the responsive public body cannot reasonably make a copy, providing the applicant with a reasonable opportunity to examine the information.

(2) If information to which an applicant has been granted access is contained in an electronic medium, the head of the responsive public body must provide a copy of the information to the applicant only if (a) the copy can be created using the technical capabilities of the responsive public body; and

        (b) the head is satisfied that providing the copy would not unreasonably interfere with the operations of the responsive public body.

(3) If information to which an applicant has been granted access is contained in an electronic medium and is, or forms part of, a dataset, the head of the responsive public body must provide a copy of the information to the applicant in an electronic form that is capable of re-use only if

        (a) the information can be provided in that form using the technical capabilities of the responsive public body; and

        (b) the head is satisfied that providing the information in that form would not unreasonably interfere with the operations of the responsive public body.

(4) The head of a responsive public body may create a record that contains information in a medium other than the medium in which the responsive body ordinarily holds the information if

        (a) the applicant has requested the information in the other medium; and

        (b) the head is satisfied that providing the information in the other medium would be less costly for the responsive public body than providing it in the original medium.

(5) The head of a responsive public body is not required under this section to provide information in a language other than the language in which the information is held by the responsive public body.

An applicant may, in respect of the head of a responsive public body’s response to their access request under section 64, make a complaint to the commissioner by filing the complaint in accordance with section 90.

(1) A person who makes a request under section 6 has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

(2) The right of access to a record does not extend to information excepted from disclosure under Division B of this Part, but where that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

(3) The right of access to a record is subject to the payment of any applicable fee.

(1) To obtain access to a record, a person must make a written request to the public body that the person believes has custody or control of the record.

(2) The request must provide enough detail to enable the public body to identify the record.

(3) The applicant may ask for a copy of the record or ask to examine the record.

(4) The identity of an applicant shall be kept confidential by the head of the public body and the coordinator designated under section 68.1, and may be disclosed only to the extent required to respond to the request for access.

(1) The head of a public body shall make every reasonable effort to assist an applicant and to respond to an applicant openly, accurately, completely and without delay.

(2) The head of a public body shall create a record for an applicant where

        (a) the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise, and

        (b) creating the record would not unreasonably interfere with the operations of the public body

(3) The head of a public body shall give access to a record in the Official Language of the Northwest Territories requested by an applicant where

        (a) the record already exists in the control of the public body in that language; or

        (b) the head of the public body considers it to be in the public interest to have a translation of the record prepared in that language.

(4) An applicant shall not be required to pay a fee for the translation of a record.

(1) Subject to subsection (2), the applicant must be told, in a response under subsection 8 (1),

        (a) whether or not the applicant is entitled to access to the record or to part of the record under this Act;

        (b) if the applicant is entitled to access, where, when and how access will be given; and

        (c) if access to the record or to part of the record is refused

                (i) the reasons for the refusal and the provision of this Act on which the refusal is based,

                (ii) the name, title, office address and office telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and

                (iii) that the applicant may ask for a review under subsection 28 (1).

(2) The head of a public body may refuse to confirm or deny the existence of a record

        (a) containing information described in section 20 or 21; or

        (b) containing personal information respecting a third party, where disclosure of the information would be an unreasonable invasion of the third party’s personal privacy.

(1) Where an applicant is told under subsection 9 (1) that access to a record will be given, the head of the public body concerned must comply with this section.

(2) Where an applicant has asked for a copy of a record, the copy must be provided with the response or the applicant must be given reasons for the delay in providing the copy if

        (a) the record, or the part of it to which access will be given, can be reasonably reproduced by the public body using its normal equipment and expertise; and

        (b) creating the copy would not unreasonably interfere with the operations of the public body.

(3) Where an applicant has asked to examine a record or when a copy is not being provided under subsection (2), the applicant must

        (a) be permitted to examine the record or part of the record; or

        (b) be given access in accordance with the regulations.

(4) Notwithstanding subsections (2) and (3), access to personal information relating to an applicant’s physical or mental health may be given only in a manner authorized by the regulations.

(1) The head of a public body shall, within 10 business days after a public body receives a request for access to a record, transfer a request for access to a record and, if necessary, the record, to another public body where

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

(2) Where a request is transferred to another public body,

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer without delay; and

        (b) the head of the public body to which the request is transferred shall respond to the applicant in accordance with section 9 not later than 20 business days after the request is received by that public body unless this time limit is extended under section 11 or 11.1.

(1) The head of the public body shall decide whether or not to give access to the record or to part of the record not later than 40 business days after notice is given under subsection 26(1), but no such decision may be made before the earlier of

        (a) 31 business days after the day on which notice is given; or

        (b) the day a response is received from the third party.

(2) The head of the public body shall give written notice of a decision made under subsection (1), including reasons for the decision, to the applicant and the third party.

(3) Where the head of the public body decides to give access to the record or part of the record, the notice must state that the applicant will be given access unless the third party asks for a review under subsection 28(2) within 15 business days after the day on which notice is given.

(4) Where the head of the public body decides not to give access to the record or part of the record, the notice must state that the applicant may ask for a review under subsection 28(1) within 15 business days after the day on which notice is given.

(1) A person who makes a request under section 6 has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

Information excepted from disclosure

(2) The right of access to a record does not extend to information excepted from

disclosure under Division B of this Part, but where that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

Fees

(3) The right of access to a record is subject to the payment of any applicable fee.

(1) To obtain access to a record, a person must make a written request to the public body that the person believes has custody or control of the record.

Request to be detailed

(2) The request must provide enough detail to enable the public body to identify the

record.

Request for copy of record

(3) The applicant may ask for a copy of the record or ask to examine the record.

1) The head of a public body shall ensure that the name of an applicant is disclosed only to a person authorized to receive the request on behalf of the public body and, where necessary, the Information and Privacy Commissioner.

Exceptions

(2) Subsection (1) does not apply to a request

        (a) respecting personal information about the applicant; or

        (b) where the name of the applicant is necessary to respond to the request and the

applicant has consented to its disclosure.

Limitation

(3) The disclosure of an applicant’s name in a request referred to in subsection (2) shall

be limited to the extent necessary to respond to the request.

Limitation applies until final response sent

(4) The limitation on disclosure of an applicant’s name under subsection (1) applies until

the final response to the request is sent to the applicant.

Disclosure limited to extent necessary

(5) The disclosure of an applicant’s name after the final response to the request is sent to

the applicant shall be limited to circumstances where such disclosure is necessary

        (a) to avoid harm to a public body; or

        (b) to allow a public body to enforce a legal right that it may have against any person.

(1) The head of a public body shall make every reasonable effort to assist an applicant and to respond to an applicant openly, accurately, completely and without delay.

Duty to create document

(2) The head of a public body shall create a record for an applicant where

        (a) the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body.

Language of access

(3) The head of a public body shall give access to a record in the Official Language of

Nunavut requested by an applicant where

        (a) the record already exists in the control of the public body in that language; or

        (b) the head of the public body considers it to be in the public interest to have a

translation of the record prepared in that language.

No translation fee

(4) An applicant shall not be required to pay a fee for the translation of a record.

(1) The head of a public body shall make every reasonable effort to assist an applicant and to respond to an applicant openly, accurately, completely and without delay.

Duty to create document

(2) The head of a public body shall create a record for an applicant where

        (a) the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body.

Language of access

(3) The head of a public body shall give access to a record in the Official Language of

Nunavut requested by an applicant where

        (a) the record already exists in the control of the public body in that language; or

        (b) the head of the public body considers it to be in the public interest to have a

translation of the record prepared in that language.

No translation fee

(4) An applicant shall not be required to pay a fee for the translation of a record.

(1) Subject to subsection (2), the applicant must be told, in a response under subsection 8(1),

        (a) whether or not the applicant is entitled to access to the record or to part of the record under this Act;

        (b) if the applicant is entitled to access, where, when and how access will be given; and

        (c) if access to the record or to part of the record is refused

                (i) the reasons for the refusal and the provision of this Act on which the

refusal is based,

                (ii) the name, title, office address and office telephone number of an officer

or employee of the public body who can answer the applicant’s

questions about the refusal, and

                (iii) that the applicant may ask for a review under subsection 28(1).

Exception

(2) The head of a public body may refuse to confirm or deny the existence of a record

        (a) containing information described in section 20 or 21; or

        (b) containing personal information respecting a third party, where disclosure of

the information would be an unreasonable invasion of the third party’s personal privacy.

(1) Where an applicant is told under subsection 9(1) that access to a record will be given, the head of the public body concerned must comply with this section.

Copy of record to be provided with response

(2) Where an applicant has asked for a copy of a record, the copy must be provided with

the response or the applicant must be given reasons for the delay in providing the copy if (a) the record, or the part of it to which access will be given, can be reasonably

reproduced by the public body using its normal equipment and expertise; and

        (b) creating the copy would not unreasonably interfere with the operations of the public body.

Examination of record

(3) Where an applicant has asked to examine a record or when a copy is not being

provided under subsection (2), the applicant must

        (a) be permitted to examine the record or part of the record; or

        (b) be given access in accordance with the regulations.

Information about applicant’s health

(4) Despite subsections (2) and (3), access to personal information relating to an

applicant’s physical or mental health may be given only in a manner authorized by the regulations.

“

(1) Where an applicant is told under subsection 9(1) that access to a record will be given, the head of the public body concerned must comply with this section.

Copy of record to be provided with response

(2) Where an applicant has asked for a copy of a record, the copy must be provided with

the response or the applicant must be given reasons for the delay in providing the copy if

        (a) the record, or the part of it to which access will be given, can be reasonably

reproduced by the public body using its normal equipment and expertise; and

        (b) creating the copy would not unreasonably interfere with the operations of the public body.

Examination of record

(3) Where an applicant has asked to examine a record or when a copy is not being

provided under subsection (2), the applicant must

        (a) be permitted to examine the record or part of the record; or

        (b) be given access in accordance with the regulations.

Information about applicant’s health

(4) Despite subsections (2) and (3), access to personal information relating to an

applicant’s physical or mental health may be given only in a manner authorized by the regulations.

“

(1) The head of a public body may transfer a request for access to a record and, if

necessary, the record, to another public body where

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

Notifying applicant of transfer

(2) Where a request is transferred to another public body,

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer without delay; and

        (b) the head of the public body to which the request is transferred shall respond to the applicant in accordance with section 9 not later than 25 business days after the request is received by that public body unless this time limit is extended under section 11.

1) A public body may, by notice to the applicant, declare a request abandoned where

        (a) the public body has given notice to an applicant seeking further information from the applicant that is necessary to process the request or requesting the applicant to pay an applicable fee; and

        (b) the applicant has failed to respond to the public body within 90 days after being contacted.

Content of notice

(2) A notice declaring a request abandoned must state that the applicant may ask for

review of that decision by the Information and Privacy Commissioner.

A person who makes a request under section 6 has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

The right of access to a record does not extend to information excepted from disclosure under Division B of this Part, but where that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

To obtain access to a record, a person must make a written request to the public body that the person believes has custody or control of the record.

The request must provide enough detail to enable the public body to identify the record.

The applicant may ask for a copy of the record or ask to examine the record.

The head of a public body shall make every reasonable effort to assist an applicant and to respond to an applicant openly, accurately, completely and without delay.

The head of a public body shall create a record for an applicant where

        (a) the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise; and

        (b) creating the record would not unreasonably interfere with the operations of the public body.

The head of a public body shall give access to a record in the Official Language of Nunavut requested by an applicant where

        (a) the record already exists in the control of the public body in that language; or

        (b) the head of the public body considers it to be in the public interest to have a translation of the record prepared in that language.

The failure of a head to respond to a request in time is to be treated as a decision to refuse access to the record. S.Nu. 2017,c.26,s.5.

Subject to subsection

        (2), the applicant must be told, in a response under subsection 8(1),

        (a) whether or not the applicant is entitled to access to the record or to part of the record under this Act;

        (b) if the applicant is entitled to access, where, when and how access will be given; and

                (c) if access to the record or to part of the record is refused

                (i) the reasons for the refusal and the provision of this Act on which the refusal is based,

                (ii) the name, title, office address and office telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and

                (iii) that the applicant may ask for a review under subsection 28(1).

Where an applicant is told under subsection 9(1) that access to a record will be given, the head of the public body concerned must comply with this section.

Where an applicant has asked for a copy of a record, the copy must be provided with the response or the applicant must be given reasons for the delay in providing the copy if

        (a) the record, or the part of it to which access will be given, can be reasonably reproduced by the public body using its normal equipment and expertise; and

        (b) creating the copy would not unreasonably interfere with the operations of the public body.

Where an applicant has asked to examine a record or when a copy is not being provided under subsection(2), the applicant must

        (a) be permitted to examine the record or part of the record; or

        (b) be given access in accordance with the regulations.

Despite subsections(2) and(3), access to personal information relating to an applicant’s physical or mental health may be given only in a manner authorized by the regulations. S.Nu. 2010,c.4,s.2(2).

Where the time for responding to a request is extended under subsection(1), the head of the public body must tell the applicant without delay

        (a) the reason for the extension;

        (b) when a response can be expected; and

                (c) that the applicant may ask for a review of the extension under subsection 28(1).

Where the time for responding to a request is extended under paragraph(1)

        (e), the head of the public body shall provide access to a record or a copy of a record in the original language of the record within the time limit specified under subsection 8(1). S.Nu. 2012,c.13,s.2,3; S.Nu. 2017,c.26,s.21.

The head of a public body may transfer a request for access to a record and, if necessary, the record, to another public body where

        (a) the record was produced by or for the other public body;

        (b) the other public body was the first to obtain the record; or

        (c) the record is in the custody or under the control of the other public body.

Where a request is transferred to another public body,

        (a) the head of the public body who transferred the request shall notify the applicant of the transfer without delay; and

        (b) the head of the public body to which the request is transferred shall respond to the applicant in accordance with section 9 not later than 25 business days after the request is received by that public body unless this time limit is extended under section 11. S.Nu. 2017,c.26,s.6.

A public body may, by notice to the applicant, declare a request abandoned where

        (a) the public body has given notice to an applicant seeking further information from the applicant that is necessary to process the request or requesting the applicant to pay an applicable fee; and

        (b) the applicant has failed to respond to the public body within 90 days after being contacted.

A notice declaring a request abandoned must state that the applicant may ask for review of that decision by the Information and Privacy Commissioner. S.Nu. 2012,c.13,s.4.

The head of the public body shall give written notice of a decision made under subsection (1), including reasons for the decision, to the applicant and the third party.

Where the head of the public body decides to give access to the record or part of the record, the notice must state that the applicant will be given access unless the third party asks for a review under subsection 28(2) within 30 days after the day on which notice is given.

Where the head of the public body decides not to give access to the record or part of the record, the notice must state that the applicant may ask for a review under subsection 28(1) within 30 days after the day on which notice is given.

A person who makes a request to the head of a public body for access to a record or for correction of personal information may ask the Information and Privacy Commissioner to review any decision, act or failure to act of the head that relates to that request.

On receiving a request for a review, the Information and Privacy Commissioner shall give a copy to the head of the public body concerned and to

        (a) the applicant, where a third party asked for the review; or

        (b) a third party whose personal privacy may be invaded by a disclosure of personal information under section 23 or whose interests may be affected by a disclosure of information under section 24, where the applicant asked for the review.

The person who asked for the review, the head of the public body concerned and any other person given a copy of the request for a review under section 30 must be given an opportunity to make representations to the Information and Privacy Commissioner during the review.

No one is entitled as of right to be present during a review or to have access to, or to comment on, representations made to the Information and Privacy Commissioner by any other person.

On a review of a decision to refuse an applicant access to all or part of a record, the onus is on the head of the public body to establish that the applicant has no right of access to the record or part.

On a review of a decision to refuse an applicant access to all or part of a record that contains personal information about a third party, the onus is on the applicant to establish that disclosure of the information would not be contrary to this Act or the regulations.

On a review of a decision to give an applicant access to all or part of a record containing information that relates to a third party,

        (a) in the case of personal information, the onus is on the applicant to establish that disclosure of the information would not be contrary to this Act or the regulations; and

        (b) in any other case, the onus is on the third party to establish that the applicant has no right of access under this Act to the record or the part of the record.

Within 30 days after receiving the report of the Information and Privacy Commissioner, the head of the public body concerned shall

        (a) make a decision to follow the recommendation of the Information and Privacy Commissioner or make any other decision the head considers appropriate; and

        (b) give written notice of the decision to the Information and Privacy Commissioner, the person who asked for the review and any other person given a copy of the request for a review under section 30.

An applicant or a third party may appeal a decision made by a head of a public body under section 36 to the Nunavut Court of Justice.

An applicant or third party who wishes to appeal a decision of a head shall file a notice of appeal with the Nunavut Court of Justice and serve the notice on the head within 30 days after the day the appellant receives the written notice of the decision.

A head who has refused an application for access to a record or part of a record shall, as soon as is reasonably practicable after receipt of the notice of appeal, give written notice of the appeal to any third party to whom a report was sent under paragraph 35(b).

A head who has granted an application for access to a record or part of a record shall, as soon as is reasonably practicable after receipt of the notice of appeal, give written notice of the appeal to the applicant.

An applicant or a third party who has been given notice of an appeal under this section may appear as a party to the appeal.

On an appeal, the Nunavut Court of Justice shall make its own determination of the matter and may examine in private any record to which this Act applies in order to determine whether the information in the record may be withheld under this Act.

Section 33 applies with such modifications as the circumstances require to proceedings on an appeal.

The Nunavut Court of Justice shall take every reasonable precaution, including, where appropriate, receiving representations without notice to others and conducting hearings in private, to avoid disclosure by the Court or any person of

        (a) any information or other material if the nature of the information or material could justify a refusal by a head to give access to a record or part of a record; or

        (b) any information as to whether a record exists if the head, in refusing to give access, does not indicate whether the record exists.

The Nunavut Court of Justice may disclose to the Minister of Justice information that relates to the commission of an offence if, in the opinion of the Court, there is evidence of the commission of the offence. S.Nu. 2005,c.3,s.1(4).

Where the Nunavut Court of Justice determines that the head of a public body is required to give access to a record or part of it under this Act, the Court shall order the head to give the applicant access to the record or the part of it, subject to any conditions the Court considers appropriate.

Where the Nunavut Court of Justice determines that the head of a public body is required to refuse access to a record or part of it under this Act, the Court shall order the head not to give access to the record or the part of it. S.Nu. 2005,c.3,s.1(4).

Right to access to records

4 (1) Subject to this Part, but notwithstanding any other Act of Parliament, every person who is

        (a) a Canadian citizen, or

        (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

has a right to and shall, on request, be given access to any record under the control of a government institution.

Marginal note:Extension of right by order

(2) The Governor in Council may, by order, extend the right to be given access to records under subsection (1) to include persons not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate.

Marginal note:Responsibility of government institutions

(2.1) The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested.

Marginal note:Records produced from machine readable records

(3) For the purposes of this Part, any record requested under this Part that does not exist but can, subject to such limitations as may be prescribed by regulation, be produced from a machine readable record under the control of a government institution using computer hardware and software and technical expertise normally used by the government institution shall be deemed to be a record under the control of the government institution.

Publication on government institutions

5 (1) The designated Minister shall cause to be published, on a periodic basis not less frequently than once each year, a publication containing

        (a) a description of the organization and responsibilities of each government institution, including details on the programs and functions of each division or branch of each government institution;

        (b) a description of all classes of records under the control of each government institution in sufficient detail to facilitate the exercise of the right of access under this Part;

        (c) a description of all manuals used by employees of each government institution in administering or carrying out any of the programs or activities of the government institution; and

        (d) the title and address of the appropriate officer for each government institution to whom requests for access to records under this Part should be sent.

Marginal note:Bulletin

(2) The designated Minister shall cause to be published, at least twice each year, a bulletin to bring the material contained in the publication published under subsection (1) up to date and to provide to the public other useful information relating to the operation of this Act.

Marginal note:Descriptions in publication and bulletins

(3) Any description that is required to be included in the publication or bulletins published under subsection (1) or (2) may be formulated in such a manner that the description does not itself constitute information on the basis of which the head of a government institution would be authorized to refuse to disclose a part of a record requested under this Part.

Marginal note:Publication and bulletin to be made available

(4) The designated Minister shall cause the publication referred to in subsection (1) and the bulletin referred to in subsection (2) to be made available throughout Canada in conformity with the principle that every person is entitled to reasonable access thereto.

Request for access to record

6 A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort.

R.S., 1985, c. A-1, s. 62019, c. 18, s. 6(E)

Previous Version

Marginal note:Reasons for declining to act on request

6.1 (1) With the Information Commissioner’s written approval, the head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution, the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records.

Marginal note:Limitation

(1.1) The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.

Marginal note:Time limit suspended

(1.2) If the head of a government institution communicates with the Information Commissioner to obtain his or her approval to decline to act, the 30-day period set out in section 7 — and any extension to it under section 9 — is suspended during the period beginning on the day on which the head of the institution communicates with the Information Commissioner and ending on the day on which he or she receives the Information Commissioner’s decision in writing.

Marginal note:Notice — suspension

(1.3) The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act.

Marginal note:Notice — end of suspension

(1.4) If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).

Marginal note:Notice

(2) If the head of a government institution declines to act on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so.

2019, c. 18, s. 6.1

Marginal note:Notice where access requested

7 Where access to a record is requested under this Part, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,

        (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

        (b) if access is to be given, give the person who made the request access to the record or part thereof.

R.S., 1985, c. A-1, s. 72019, c. 18, s. 6.22019, c. 18, s. 41(E)

Previous Version

Marginal note:Transfer of request

8 (1) Where a government institution receives a request for access to a record under this Part and the head of the institution considers that another government institution has a greater interest in the record, the head of the institution may, subject to such conditions as may be prescribed by regulation, within fifteen days after the request is received, transfer the request and, if necessary, the record to the other government institution, in which case the head of the institution transferring the request shall give written notice of the transfer to the person who made the request.

Marginal note:Deeming provision

(2) For the purposes of section 7, where a request is transferred under subsection (1), the request shall be deemed to have been made to the government institution to which it was transferred on the day the government institution to which the request was originally made received it.

Marginal note:Meaning of greater interest

(3) For the purpose of subsection (1), a government institution has a greater interest in a record if

        (a) the record was originally produced in or for the institution; or

        (b) in the case of a record not originally produced in or for a government institution, the institution was the first government institution to receive the record or a copy thereof.

(1) Where the head of a government institution refuses to give access to a record requested under this Part or a part thereof, the head of the institution shall state in the notice given under paragraph 7(a)

        (a) that the record does not exist, or

        (b) the specific provision of this Part on which the refusal was based or, where the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed,

and shall state in the notice that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal.

Marginal note:Existence of a record not required to be disclosed

(2) The head of a government institution may but is not required to indicate under subsection (1) whether a record exists.

Marginal note:Deemed refusal to give access

(3) Where the head of a government institution fails to give access to a record requested under this Part or a part thereof within the time limits set out in this Part, the head of the institution shall, for the purposes of this Part, be deemed to have refused to give access.

Access to record

12 (1) A person who is given access to a record or a part thereof under this Part shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof.

Marginal note:Language of access

(2) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language

        (a) forthwith, if the record or part thereof already exists under the control of a government institution in that language; or

        (b) within a reasonable period of time, if the head of the government institution that has control of the record considers it to be in the public interest to cause a translation to be prepared.

Marginal note:Access to record in alternative format

(3) Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given has a sensory disability and requests that access be given in an alternative format, a copy of the record or part thereof shall be given to the person in an alternative format

        (a) forthwith, if the record or part thereof already exists under the control of a government institution in an alternative format that is acceptable to that person; or

        (b) within a reasonable period of time, if the head of the government institution that has control of the record considers the giving of access in an alternative format to be necessary to enable the person to exercise the person’s right of access under this Part and considers it reasonable to cause that record or part thereof to be converted.

Subject to this Part, but notwithstanding any other Act of Parliament, every person who is

        (a) a Canadian citizen, or

        (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has a right to and shall, on request, be given access to any record under the control of a government institution.

The Governor in Council may, by order, extend the right to be given access to records under subsection (1) to include persons not referred to in that subsection and may set such conditions as the Governor in Council deems appropriate.

The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested.

“A request for access to a record under this Part shall be made in writing to the government institution that has control of the record and shall provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort.

R.S., 1985, c. A-1, s. 62019, c. 18, s. 6(E)”

With the Information Commissioner’s written approval, the head of a government institution may, before giving a person access to a record or refusing to do so, decline to act on the person’s request if, in the opinion of the head of the institution, the request is vexatious, is made in bad faith or is otherwise an abuse of the right to make a request for access to records.

The head of a government institution is not authorized under subsection (1) to decline to act on a person’s request for a record for the sole reason that the information contained in it has been published under Part 2.

The head of the institution shall give written notice to the person who made the request for access to a record under this Part of the suspension of the period, and of the reasons for the suspension, at the same time as they communicate with the Information Commissioner to obtain his or her approval to decline to act.

If the Information Commissioner refuses to give his or her approval, the head of the institution shall, on receiving the Information Commissioner’s decision in writing, give written notice to the person who made the request for access to a record under this Part of the refusal and of the date on which the running of the period resumes in accordance with subsection (1.2).

“If the head of a government institution declines to act on the person’s request, they shall give the person written notice of their decision to decline to act on the request and their reasons for doing so.

2019, c. 18, s. 6.1″

Where access to a record is requested under this Part, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,

        (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and

        (b) if access is to be given, give the person who made the request access to the record or part thereof.

R.S., 1985, c. A-1, s. 72019, c. 18, s. 6.22019, c. 18, s. 41(E)

Where a government institution receives a request for access to a record under this Part and the head of the institution considers that another government institution has a greater interest in the record, the head of the institution may, subject to such conditions as may be prescribed by regulation, within fifteen days after the request is received, transfer the request and, if necessary, the record to the other government institution, in which case the head of the institution transferring the request shall give written notice of the transfer to the person who made the request.

For the purposes of section 7, where a request is transferred under subsection (1), the request shall be deemed to have been made to the government institution to which it was transferred on the day the government institution to which the request was originally made received it.

For the purpose of subsection (1), a government institution has a greater interest in a record if

        (a) the record was originally produced in or for the institution; or

        (b) in the case of a record not originally produced in or for a government institution, the institution was the first government institution to receive the record or a copy thereof.

R.S., 1985, c. A-1, s. 82019, c. 18, s. 41(E)

Where the head of a government institution extends a time limit under subsection (1) for more than thirty days, the head of the institution shall give notice of the extension to the Information Commissioner at the same time as notice is given under subsection (1).

R.S., 1985, c. A-1, s. 92019, c. 18, s. 41(E)

Where the head of a government institution refuses to give access to a record requested under this Part or a part thereof, the head of the institution shall state in the notice given under paragraph 7(a)

        (a) that the record does not exist, or

        (b) the specific provision of this Part on which the refusal was based or, where the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed,

and shall state in the notice that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal.

The head of a government institution may but is not required to indicate under subsection (1) whether a record exists.

Where the head of a government institution fails to give access to a record requested under this Part or a part thereof within the time limits set out in this Part, the head of the institution shall, for the purposes of this Part, be deemed to have refused to give access.

R.S., 1985, c. A-1, s. 102019, c. 18, s. 39

Subject to this section, a person who makes a request for access to a record under this Part shall pay, at the time the request is made, any application fee of not more than $25, that may be prescribed by regulation.

The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.

R.S., 1985, c. A-1, s. 111992, c. 21, s. 22019, c. 18, s. 7

A person who is given access to a record or a part thereof under this Part shall, subject to the regulations, be given an opportunity to examine the record or part thereof or be given a copy thereof.

Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given requests that access be given in a particular official language, a copy of the record or part thereof shall be given to the person in that language

        (a) forthwith, if the record or part thereof already exists under the control of a government institution in that language; or

        (b) within a reasonable period of time, if the head of the government institution that has control of the record considers it to be in the public interest to cause a translation to be prepared.

Where access to a record or a part thereof is to be given under this Part and the person to whom access is to be given has a sensory disability and requests that access be given in an alternative format, a copy of the record or part thereof shall be given to the person in an alternative format

        (a) forthwith, if the record or part thereof already exists under the control of a government institution in an alternative format that is acceptable to that person; or

        (b) within a reasonable period of time, if the head of the government institution that has control of the record considers the giving of access in an alternative format to be necessary to enable the person to exercise the person’s right of access under this Part and considers it reasonable to cause that record or part thereof to be converted.

R.S., 1985, c. A-1, s. 12R.S., 1985, c. 31 (4th Supp.), s. 100(E)1992, c. 21, s. 32019, c. 18, s. 41(E)