The Right to Information and Protection of Privacy Act allows individuals to appeal decisions about access to records made by municipal governments.
You can appeal any decision made by the head of an institution to either the Office of the Access to Information and Privacy Commissioner or to the Court of Queen's Bench. You may file a complaint with the Access to Information and Privacy Commissioner within 60 days after the date you were notified of the decision from the public body, or the date of the act or omission (as the case may be) if:
- you are not satisfied with a decision, act, or omission of the head of a public body in relation to the provision of information to which you believe you have a right;
- you believe that the head of a public body has inappropriately extended, beyond 30 days, the amount of time for providing information;
- you disagree with the public body’s decision to deem your request abandoned; or your request to correct your personal information has been denied.
If you have not received any response to your request within 30 days, you have up to 120 days from the date of sending your request to file a complaint. If you are a third party, you may file a complaint with the Access to Information and Privacy Commissioner within 21 days after the date of the notice of the decision from the public body (made under section 36) to disclose your information in a Right to Information Request.
How to refer the matter to a judge of the Court of Queen’s Bench
An applicant may refer a matter to a judge of the Court of Queen’s Bench within 30 days after the date of the decision or notice from the public body if he or she is not satisfied with a decision, act, or omission made by the head of a public body in relation to a request for information.
A third party may refer a matter within 21 days after the date of the notice of the decision made by the head of the public body is given (as per section 36), if the third party is not satisfied with the decision of the head.
To find out how and where you can file your referral, please consult sections 65 and 66 of the Right to Information and Protection of Personal Information Act and the Trial Division of the Court of Queen’s Bench.
Related Links:
Office of the Access to Information and Privacy Commissioner
Information Access and Privacy Unit
Can't find what you're looking for?
Our municipal staff is here to help you. Please feel free to contact the Resident Services Department directly if you have any questions or concerns.