Access to Information Act

Marginal note:Receipt and investigation of complaints

• 30 (1) Subject to this Part, the Information Commissioner shall receive and investigate complaints

  • (a) from persons who have been refused access to a record requested under this Part or a part thereof;

  • (b) from persons who have been required to pay an amount under section 11 that they consider unreasonable;

  • (c) from persons who have requested access to records in respect of which time limits have been extended pursuant to section 9 where they consider the extension unreasonable;

  • (d) from persons who have not been given access to a record or a part thereof in the official language requested by the person under subsection 12(2), or have not been given access in that language within a period of time that they consider appropriate;

  • (d.1) from persons who have not been given access to a record or a part thereof in an alternative format pursuant to a request made under subsection 12(3), or have not been given such access within a period of time that they consider appropriate;

  • (e) in respect of any publication or bulletin referred to in section 5; or

  • (f) in respect of any other matter relating to requesting or obtaining access to records under this Part.

• Marginal note:Complaints submitted on behalf of complainants

  (2) Nothing in this Part precludes the Information Commissioner from receiving and investigating complaints of a nature described in subsection (1) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.

• Marginal note:Information Commissioner may initiate complaint

  (3) Where the Information Commissioner is satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining access to records under this Part, the Commissioner may initiate a complaint in respect thereof.

• Marginal note:Reasons for refusing or ceasing to investigate

  (4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion,

  • (a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or

  • (b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner.

• Marginal note:Notice

  (5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to

  • (a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint;

  • (b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;

  • (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and

  • (d) the Privacy Commissioner, if the Information Commissioner consulted him or her under subsection 36(1.1) or section 36.2.