Access to Information
If you have submitted a request to a public body for access to a record and you are not satisfied with the response, you may ask the Commissioner to review the matter. The failure of a public body to respond within the time frames specified in the ATIPPA is an example of how an applicant may be dissatisfied. Typically, there is a refusal of some sort, whether through denial of access or excessive delay.
In addition, an applicant may ask the Commissioner to investigate complaints about an extension of time for responding to a request, a fee required under the ATIPPA, failure of a public body to fulfill its duty to assist an applicant, or any other circumstance where you feel your access to information rights have been violated.
If you are a third party (a person or organization other than the applicant or the public body) and you have been notified by a public body that they intend to release information that may be harmful to your business interests, you may ask the Commissioner to review the public body’s decision.
If you wish to request a review by the Commissioner or file a complaint you may do so at no cost to you by writing a letter to this Office or by completing our Request for Review or Investigation of Complaint Form. Please attach all relevant documentation including a copy of your original Application for Access and a copy of the public body’s response. Requests for review and complaints may be mailed, dropped off, or sent by fax or email. Those sent by e-mail must contain a scanned copy of a signed and dated request for review or complaint form, otherwise they will not be accepted. If you have any questions or concerns regarding this process please contact our Office and we will assist you.
On completion of a review, we will provide you and the public body with a report on our findings. A public body must respond to any recommendations in the report. If you are not satisfied with the response of the public body, you may appeal the decision to the Supreme Court Trial Division. In certain circumstances, the Commissioner may appeal a decision of a public body or intervene as a party to an appeal.