This paper provides an overview in chart form of federal, provincial and territorial access to information legislation. All of the provinces and territories currently have such legislation in force.
The chart examines access to information legislation under a number of select headings, including: who may request disclosure, who must disclose, how a request is to be made, exemptions from disclosure – mandatory and discretionary, fees, and the resolution of access disputes. The exemptions from disclosure form the main part of the chart. Although not every exemption from every relevant jurisdiction is included in this overview, certainly the most notable exemptions are included.
For further details on the selected subjects included in this chart and other matters that are pertinent to access to information laws, such as third party proceedings, the reader is referred either to the relevant Acts themselves (cited at the beginning of the chart) or to the loose-leaf and periodically updated reference source entitled
Government Information: Access and Privacy by Colin McNairn and Christopher Woodbury (Carswell). In addition to providing detailed commentary, this source also includes copies of the relevant federal and provincial legislation, along with a detailed index to the subject matter. It does not, however, include information pertaining to the territories.
The headings for the selected exemptions that form part of this chart follow those used in the above source, which also provided much of the information included in the chart.
| Relevant Act |
Title of Act |
| Federal |
Access to Information Act, R.S.C. 1985, c.A-1 as amended. |
| Newfoundland and Labrador |
Access to Information and Protection of Privacy Act,
S. Nfld. and Labrador 2002, c.A-1.1 as amended. |
| Nova Scotia |
Freedom of Information and Protection of Privacy Act,
S.N.S. 1993, c.5 as amended. |
| Prince Edward Island |
Freedom of Information and Protection of Privacy Act, R.S.P.E.I. 1988, c.F.-15.01 as amended. |
| New Brunswick |
Right to Information Act, S.N.B. 1978, c.R-10.3 as amended. |
| Quebec |
An Act respecting Access to Documents held by Public Bodies and the Protection of Personal Information, S.Q., 1982, c.30 as amended (R.S.Q., .A-2.1). |
| Ontario |
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31 as amended. |
| Manitoba |
Freedom of Information and Protection of Privacy Act, C.C.S.M., c.F175. |
| Saskatchewan |
Freedom of Information and Protection of Privacy Act,
S.S. 1990-91, c.F-22.01 as amended. |
| Alberta |
Freedom of Information and Protection of Privacy Act,
R.S.A. 2000, c.F-25 as amended. |
| British Columbia |
Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c.165 as amended. |
| Northwest Territories |
Access to Information and Protection of Privacy Act, S.N.W.T. 1994, c.20 as amended. |
| Nunavut |
Access to Information and Protection of Privacy Act, S.N.W.T. 1994, c.20 as duplicated for Nunavut by
s.29 of the Nunavut Act, S.C. 1993, c.28, and as amended. |
| Yukon |
Access to Information and Protection of Privacy Act, R.S.Y. 2002, c.1 as amended. |
| Who Must Disclose? |
Each of the access statutes describes the government organizations that are subject to disclosure of government information. The statutes generally use one of the following terms to describe a body that is subject to the legislation:
“public body,” “department,” “institution,” or “government institution.” For purposes of convenience, this paper will for the most part refer to the bodies that are subject to the legislation as “government institutions.”
|
Federal
s.3 |
The federal Act applies to:
- federal government departments, bodies or offices listed in Schedule I to the Act; and
- any parent Crown corporation, and any wholly owned subsidiary of such a corporation, within the meaning of s.83 of the Financial Administration Act.
|
Newfoundland and Labrador
ss.2(p), 5 |
The Act applies to “public bodies,” defined in the Act to mean:
- a department created under the Executive Council Act, or a branch of the executive government of the province;
- a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown;
- 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;
- a local public body (defined in the Act to mean an educational body, a health care body and a local government body, all of which are further defined in the Act);
- the House of Assembly and statutory offices (as defined in the House of Assembly, Accountability, Integrity and Administration Act), and includes a body designated as a public body in regulations made under s.73, but does not include:
- the constituency office of a member of the House of Assembly;
- the Trial Division, the Court of Appeal or the Provincial Court; or
- a body listed in the Schedule to the Act.
|
Nova Scotia
ss.3(j), 5 |
The Act applies to “public bodies,” defined to mean:
a Nova Scotia government department or a board, commission, foundation, agency, tribunal, association or other body of persons, all of the members of which or all of the members of the board of management or board of directors of which
- are appointed by order of the Governor in Council, or
- if not so appointed, in the discharge of their duties are public officers or servants of the Crown; the Public Archives of Nova Scotia; a body designated as a “public body” pursuant to s.49(1)(f); or a “local public body” as defined in the Act.
However, the definition of a “public body” does not include the Office of the Legislative Counsel. |
Prince Edward Island
ss.1(k), 6(1) |
The Act applies to
“public bodies,” defined in the Act to mean:
- a department, branch or office of the Government of Prince Edward Island;
- an agency, board, commission, corporation, office or other body designated as a public body in the regulations under the Act;
- the Executive Council Office; and
- the office of an officer of the Legislative Assembly.
However, a
“public body” does not include the Office of the Speaker of the Legislative Assembly and the office of a Member of the Legislative Assembly; or the P.E.I. Supreme Court or Provincial Court. |
New Brunswick
ss.1, 2 |
The Act applies to any of the following provincial bodies as set out in the regulations:
- any government department;
- any Crown Agency or Crown corporation;
- any community board, school board or hospital corporation;
- any other branch of the province’s public service; or
- any body or office, not being part of the public service, the operation of which is effected through money appropriated for the purpose and paid out of the Consolidated Fund.
|
Quebec
s.3 |
The Act applies to
- the provincial government,
- the Conseil exécutif,
- the Conseil du trésor,
- provincial government departments and agencies,
- municipal and school bodies,
- health services and social services establishments,
- 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.
The Act does not apply to courts within the meaning of the Courts of Justice Act. |
Ontario
ss.1, 1.1, 2 |
The Act applies to ministries of the Government of Ontario as well as to any provincial agency, board, commission, corporation or other body designated as an “institution” in the regulations. The Act also applies to the Legislative Assembly, but only in respect of records of “reviewable expenses” (defined in the legislation) of the Opposition leaders and the persons employed in their offices and in respect of the personal information contained in those records. |
Manitoba
ss.1, 2 |
The Act applies to
“public bodies,” defined in the Act to mean
- a department,
- a government agency,
- the Executive Council Office,
- the office of a Minister, and
- a “local public body” (an educational body, health care body and a local government body, all of which are defined in the Act).
However, a public body does not include the office of a Member of the Legislative Assembly who is not a Minister, the office of an officer of the Legislative Assembly, or the Manitoba Court of Appeal, Court of Queen’s Bench or Provincial Court. |
Saskatchewan
ss.2, 5 |
The Act applies to the following provincial government bodies, subject to the exemptions set out below:
- the office of the Executive Council or any department, secretariat or other similar agency of the executive Government of Saskatchewan; or
- any prescribed board, commission, Crown corporation or other body whose members or directors are appointed in whole or in part by the Lieutenant Governor in Council or by a member of the Executive Council, or, in the case of a board, commission or other body, by a Crown corporation or in the case of a Crown corporation, by another Crown corporation.
Specifically exempted are:
- corporations, 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;
- the Legislative Assembly Office or offices of M.L.A.s or members of the Executive Council; and
- courts in Saskatchewan.
|
Alberta
ss.1(p), 4(1) |
The Act applies to “public bodies,” defined in the Act to mean:
- a department, branch or office of the Government of Alberta;
-
an agency, board, commission, corporation, office or other body designated as a public body in the regulations under the Act;
- the Executive Council Office;
- the office of a member of the Executive Council;
- the Legislative Assembly Office;
- the office of the Auditor General;
- the Ombudsman or the Chief Electoral Officer, the Ethics Commissioner or the Information and Privacy Commissioner; or
- a “local public body” (an educational body, health care body or a local government body, all of which are defined in s.1).
However, a “public body” does not include the office of the Speaker of the Legislative Assembly and the office of a Member of the Legislative Assembly, or the Alberta Court of Appeal, Court of Queen’s Bench or Provincial Court.
|
British Columbia
s.3(1), Schedule 1 |
The Act applies to
- ministries of the Government of British Columbia;
- provincial agencies, boards, commissions, corporations, offices or
- other bodies designated in Schedule 2 to the Act; and
- “local public bodies” as defined in Schedule 1;
but does not apply to:
- the office of a person who is a member or officer of the Legislative Assembly; or
- the Court of Appeal, Supreme Court or Provincial Court of
B.C.
|
Northwest Territories
ss.2, 3 |
The Act applies to “public bodies” defined in the Act to mean
- a department, branch or office of the Government of the Northwest Territories, or
- an agency, board commission, corporation, office or other body designated in the regulations;
but does not include the Office of the Legislative Assembly or the office of a member of the Legislative Assembly or a member of the Executive Council. |
Nunavut
ss.2, 3 |
Same as Northwest Territories. |
Yukon
ss.2, 3 |
The Act applies to information under the control of “public bodies,” defined in
the Act to mean
- each department, secretariat, or other similar executive agency of the
Government of the Yukon, and
- each board, commission, foundation, corporation,
or other similar agency established by, or incorporated as an agent of, the Government of the Yukon.
However, a “public body” does not include:
- a corporation of which the controlling share capital is owned by a person other than the Government of the Yukon or an agency of the Government of the Yukon,
- the Legislative Assembly Office or offices of the members of the Legislative Assembly,
- the chief electoral officer and election officers acting under the Elections Act, or
- a court established by an enactment.
|
| How Is a Request To Be Made? |
Federal
s.6 |
A request for access to a record under the Act must be in writing to the government institution that has control of the record and must provide sufficient detail to enable an experienced employee of the institution to identify the record with a reasonable effort. |
Newfoundland and Labrador
s.8 |
Similar to Manitoba. |
Nova Scotia
s.6(1) |
A request for access must be made in writing to the government institution that has the custody or control of the record and must specify the subject matter of the record requested with sufficient particulars to enable an individual familiar with the subject matter to identify the record. |
Prince Edward Island
s.7 |
Similar to Alberta. |
New Brunswick
s.3 |
A request for access need not be in writing. The Act states that a person may request information by applying to the head of the government institution where the information is likely to be kept. The application must specify the records containing the information requested or, where the record in which the relevant information may be contained is not known to the applicant, specify the subject matter of the information requested with sufficient precision as to time, place and event to enable a person familiar with the
subject matter to identify the relevant record.
|
Quebec
ss.42-45 |
A request for access may be made in writing or orally. The request must be addressed to the person in charge of access to records within the government institution and must be sufficiently precise to allow the record to be located. However, only a response to a written request is subject to review under the Act.
In other words, an unfavourable response to an oral request is not subject to review.
|
Ontario
s.24(1) |
A request for access must be made in writing to the government institution that the person believes has custody or control of the record and must provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record. |
Manitoba
s.8 |
A request for access must normally be made in writing on a prescribed form to the government institution that the applicant believes has custody or control of the record, and must provide sufficient detail to enable an experienced employee of the institution to identify the record. However, an applicant may make an oral request if he or she has a limited ability to read or write English or French or has a disability or condition that impairs his or her ability to make a written request. |
Saskatchewan
s.6 |
A request for access must be in writing on the prescribed form to the government institution in which the record containing the information is kept and must 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. |
Alberta
s.7 |
A request for access must be made in writing to the government institution that the person believes has custody or control of the record and must provide enough detail to enable the institution to identify
the record.
|
British Columbia
s.5 |
Similar to Ontario. |
Northwest Territories
s.6 |
Similar to Alberta. |
Nunavut
s.6 |
Similar to Alberta. |
Yukon
ss.3, 6 |
A request for access may be made orally or in writing to the “records manager” (as defined in the Act) verified by the signature or mark of the applicant and must provide sufficient detail to identify the record. If the request is made orally the person who receives it must make a written record of the request and the request is not complete and does not have to be dealt with until its written form is verified by the signature or mark of the applicant. |
| Public Interest Overrides |
Most of the access statutes provide that in certain defined circumstances some of the exemptions are superseded. Usually the basis for the application of the override is that the public interest in disclosure of the information outweighs the interest any person or government may have in the information being withheld. |
Federal
ss.19(2)(c), 20(6) |
The head of a government institution may disclose third party information other than trade secrets of the third party if that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment and if the public interest in disclosure clearly outweighs in importance any financial loss or gain to, any prejudice to the security of the structures or systems of, any prejudice to the competitive position of, or interference with contractual or other negotiations of, a third party. The Act provides for a third party notification procedure prior to disclosure.
As well, the head of a government institution may disclose personal information (as defined in section 3 of the Privacy Act) for any purpose where, in the opinion of the head, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure. (In that regard, s.19(2)(c) of the Access to Information Act must be read in conjunction with s.8(2)(m)(i) of the Privacy Act.) |
Newfoundland and Labrador
s.31 |
Similar to British Columbia except that the head of a government institution is not required to notify the Information and
Privacy Commissioner.
|
Nova Scotia
s.31 |
Whether or not a request for access is made, the head of a government institution may disclose to the public, to an affected group of people or to an applicant, information:
- about a risk of significant harm to the environment or to the health and safety of the public or a group of people; or
- the disclosure of which is, for any other reason, clearly in the public interest.
Before disclosing the information, the head of the government institution must, if practicable, notify the third party to whom the information relates. Where this is not practicable, the head of the government institution must mail a notice of disclosure in the prescribed form to the last known address of the third party. This provision applies notwithstanding any other provision of the Act. |
Prince Edward Island
s.30 |
Similar to Alberta. |
| New Brunswick |
No relevant provision. |
Quebec
s.41.1 |
The exemptions from disclosure set out in the Act, except those described in sections
- 28 (crime prevention),
- 28.1 (state security),
- 29 (method or weapon likely to be used to commit a crime),
- 30 and 33 (Executive Council),
- 34 (office of a member of the National Assembly), and
- 41 (audits),
do not apply to information that reveals or confirms the existence of an immediate hazard to the life, health or safety of a person or a serious or irreparable violation of the right to environmental quality, unless its disclosure would likely seriously interfere with measures taken to deal with such a hazard or violation. In the case of such information supplied by a third party, the person in charge of the information must give the third party notice of a decision granting access.
The exemptions from disclosure, except that in section 28 (crime prevention) and, in the case of a document filed by or for the Auditor General, the exemption in section 41 (audits), do not apply to information concerning the quantity, quality or concentration of contaminants emitted, released, discharged or deposited by a source of contamination, or concerning the presence of a contaminant in the environment. |
Ontario
ss.11, 23 |
Despite any other provision of the Act, the head of a government institution must, as soon as practicable, disclose information 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 information reveals a grave environmental, health or safety hazard to the public. The Act provides for third party notification prior to disclosure of the information, if practicable.
An exemption from disclosure of information under the following sections of the Act does not apply where a compelling public interest in disclosure clearly outweighs the purpose of the exemption:
- section 13 (discretionary exemption for advice to government),
- 15 (discretionary exemption for information pertaining to relations with other governments),
- 17 (mandatory exemption for third party information),
- 18 (discretionary exemption for information pertaining to the economic and other interests of Ontario),
- 20 (discretionary exemption for information posing a danger to the safety or health of an individual),
- 21 (mandatory exemption for personal information), and
- 21.1 (discretionary exemption for information pertaining to fish and wildlife species at risk).
|
Manitoba
s.18(4) |
Subject to the third party notification procedure and the exceptions contained in the Act, the head of a government institution may grant access to commercial information belonging to a third party (normally the subject of a mandatory exemption) where the private interest of the third party in nondisclosure is clearly outweighed by the public interest in the disclosure for purposes of health, safety, environmental protection, improved competition or government regulation of undesirable trade practices. |
Saskatchewan
s.19(3) |
Subject to the third party notification procedure set out in the Act, the head of a government institution may give access to third party information if disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment and if the public interest in disclosure could reasonably be expected to clearly outweigh in importance any financial loss or gain to, prejudice to the competitive position of, or interference with contractual or other negotiations of, a third party. |
Alberta
s.32 |
Similar to British Columbia except that, where practicable, the third party must be given an opportunity to make representations relating to the disclosure. |
British Columbia
s.25 |
Whether or not a request for access is made, the head of a government institution must, without delay, disclose to the public, to an affected group of people or to an applicant, information:
- about a risk of significant harm to the environment or to the health or safety of the public or a group of people; or
- the disclosure of which is, for any other reason, clearly in the public interest.
This provision applies notwithstanding any other provision in the Act. Before disclosing the above information, the head of a government institution must, if practicable, notify any third party to whom the information relates and the Information and Privacy Commissioner. Where this is not practicable, the institution head must mail a notice of disclosure in the prescribed form to the last known address of the third party and to the Commissioner. |
| Northwest Territories |
No relevant provision. |
| Nunavut |
No relevant provision. |
Yukon
s.28 |
Despite any other provision of the Act, a government institution must disclose information to the public or an affected group of people if the institution has reasonable grounds to believe that the information would reveal the existence of a serious environmental, health, or safety hazard to the public or group of people. Before disclosing the information, the government institution must, if practicable, notify any third party to whom the information relates and the Information and Privacy Commissioner. Where this is not practicable, the government institution must mail a notice of disclosure in the prescribed form to the last known address of the third party and to the Commissioner. |
| Information Required To Be Held in Confidence Under Legislation Other Than the Access Statute |
Federal
s.24 and Schedule II |
Mandatory exemption for information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II to the Act. Schedule II currently contains a list of more than 50 federal statutory provisions that prevail over the Access to Information Act. |
Newfoundland and Labrador
s.6 |
Where there is a conflict between the access Act or a regulation made under it and another Act or regulation, the access Act or regulation made under it will prevail. Notwithstanding the above, where access to a record is prohibited or restricted by, or the right to access a record is provided in, a provision designated in the regulations made under s.73 of the access Act, that provision will prevail over the access Act or a regulation made under it. |
Nova Scotia
s.4A |
The access Act prevails over a confidentiality provision in any other Nova Scotia Act except in the case of specified statutory provisions in other Acts specifically mentioned in s.4A(2) of the access Act or if the other Act specifically provides otherwise. |
Prince Edward Island
s.5 |
Similar to Alberta. |
New Brunswick
s.6(a) |
Discretionary exemption for information the confidentiality of which is protected by “law.” “Law” could presumably mean statute law or the common law. |
Quebec
s.168-170 and Schedule A
|
The provisions of the access statute prevail over any contrary provision of a subsequent statute unless the latter expressly states that it applies notwithstanding the access statute.
Any provision in a statute passed before the access Act that is inconsistent with the provisions of the access Act ceased to have effect on
31 December 1987.
The only exceptions are in respect of the legislative provisions mentioned in Schedule A of the access Act. Those provisions continue to have effect.
|
Ontario
s.67 |
The access Act prevails over a confidentiality provision in any other Ontario Act except in the case of specified statutory provisions in some 11 Acts specifically mentioned in s.67(2) of the access Act or if the other statute specifically provides otherwise. |
Manitoba
s.5 |
Similar to British Columbia. |
Saskatchewan
s.23 |
The access Act and regulations list confidentiality provisions in about 13 statutes that are not subordinate to the Act. With the exception of those provisions, the access Act and the regulations prevail over a provision in any other statute or regulation that restricts or prohibits access to government records. This is so even when the Act or regulation states that the provision is to apply notwithstanding any other Act or law. |
Alberta
s.5 |
Same as British Columbia, except that in Alberta a regulation under the access Act can also provide that the other Act prevails despite the access Act. |
British Columbia
s.79 |
The access Act prevails over an inconsistent or conflicting provision of another B.C. statute unless the other statute states expressly that it applies despite
the access Act.
|
Northwest Territories
s.4(2) |
Similar to British Columbia. |
Nunavut
s.4(2) |
Similar to British Columbia. |
Yukon
s.4 |
Similar to British Columbia. |
| Personal Information Not Relating to the Requester |
Personal information not relating to the requester is the subject of a mandatory exemption in all of the access statutes except that of New Brunswick, where it is a discretionary exemption. For privacy reasons, one person cannot generally obtain access to personal information about another person. However, in all of the access jurisdictions other than New Brunswick, there are exceptions to the exemption that allow, or require, disclosure of personal information under certain circumstances or if the information is of a certain kind.
|
Federal
s.19 |
Mandatory exemption for “personal information” as defined in s.3 of the Privacy Act.
As in other jurisdictions, the exemption applies only to access requests by
someone other than the individual to whom the personal information relates.
There are exceptions to the exemption in that such information may be
disclosed if:
- the individual to whom it relates consents to the disclosure;
- the information is publicly available; or
- the disclosure is in accordance with s.8 of the Privacy Act, which lists a number of instances where personal information may be disclosed.
|
Newfoundland and Labrador
s.30 |
Mandatory exemption for personal information.
The Act provides a lengthy list of exceptions to the exemption, such as where there is express authority to disclose it under another Newfoundland and Labrador or federal statute, or where the individual to whom it relates consents to disclosure. |
Nova Scotia
s.20 |
Similar to British Columbia. |
Prince Edward Island
s.15 |
Similar to British Columbia. |
New Brunswick
s.6(b) |
Discretionary exemption for personal information.
No exceptions to the exemption. |
Quebec
s.59 |
Mandatory exemption for personal information except with the consent of the person to whom the information relates.
The Act provides a detailed list of specific exceptions to the exemption, in other words, grounds on which personal information may be disclosed without the consent of the person concerned. |
Ontario
s.21 |
Similar to British Columbia. |
Manitoba
s.17 |
Similar to British Columbia. |
Saskatchewan
ss.24, 29, 30 |
Mandatory exemption for personal information.
The Act provides a lengthy list of exceptions to the exemption. |
Alberta
s.17 |
Similar to British Columbia. |
British Columbia
s.22 |
Mandatory exemption for personal information if disclosure would be “an unreasonable invasion of a third party’s personal privacy.” The Act specifies criteria to be applied in determining whether a disclosure of personal information constitutes an unreasonable invasion of a third party’s personal privacy. The Act also sets out a number of circumstances in which a disclosure of personal information is presumed to be an unreasonable invasion of a third party’s personal privacy.
The Act provides a lengthy list of exceptions to the exemption. |
Northwest Territories
s.23 |
Similar to British Columbia. |
Nunavut
s.23 |
Similar to British Columbia. |
Yukon
s.25 |
Similar to British Columbia. |
| Information the Disclosure of Which Would Endanger an Individual’s Health or Safety |
Federal
s.17 |
Discretionary exemption for information the disclosure of which could reasonably be expected to threaten the safety of individuals. |
Newfoundland and Labrador
ss.22(1)(f), 26 |
Similar to British Columbia. |
Nova Scotia
ss.15(1)(e), 18 |
Similar to British Columbia. |
Prince Edward Island
s.16 |
Similar to Alberta. |
New Brunswick
s.6(b.1) |
Discretionary exemption for personal information concerning the applicant that could reasonably be expected to threaten the safety or mental or physical health of the applicant or another person. |
Quebec
s.28(4) |
Mandatory exemption for information kept by a government institution in the exercise of a duty provided for by law involving the prevention, detection or repression of crime or statutory offences, or that the institution keeps for the purpose of cooperating with a person responsible for such a duty, if its disclosure would likely endanger the safety of a person. In other words, the relevant exemption in Quebec applies only in respect of a limited class of information, namely that involving law enforcement. |
Ontario
ss.14(1)(e), 20 |
Discretionary exemption for information the disclosure of which could reasonably be expected to seriously threaten the safety or health of an individual. There is a separate discretionary exemption for information the disclosure of which could reasonably be expected to endanger the life or physical safety of a law enforcement officer or any other person. |
Manitoba
ss.24, 25(1)(e) |
Similar to British Columbia. |
Saskatchewan
s.21 |
Discretionary exemption for information the disclosure of which could threaten the safety or the physical or mental health of an individual. |
Alberta
s.18 |
Similar to British Columbia except that there is no separate discretionary exemption for information the disclosure of which could reasonably be expected to endanger the life or physical safety of a law enforcement officer or any other person. |
British Columbia
ss.15(1)(f), 19 |
Discretionary exemption for information the disclosure of which could reasonably be expected to interfere with public safety or threaten the safety or mental or physical health of any individual. If that individual is the requester of the information, the threat must be one of immediate and grave harm in order for the institution to refuse access. There is a separate discretionary exemption for information the disclosure of which could reasonably be expected to endanger the life or physical safety of a law enforcement officer or any other person. |
Northwest Territories
ss.20(1)(e), 21 |
Similar to British Columbia. |
Nunavut
ss.20(1)(e), 21 |
Similar to British Columbia. |
Yukon
ss.19(1)(e), 22 |
Similar to British Columbia. |
| Cabinet Confidences |
Federal
s.69 |
The federal Act contains no exemption from disclosure for Cabinet confidences. The Act states that it does not apply to confidences of the Queen’s Privy Council for Canada including the Council itself, committees of the Council, the Cabinet and committees of Cabinet. The confidences of the Council are broadly defined to include, among other things:
- memoranda presenting proposals or recommendations to Council;
- discussion papers presenting background explanations, analyses of problems or policy options for Council’s consideration;
- agenda for Council meetings;
- records of communications or discussions between Ministers on policy matters;
- briefing papers for Ministers on matters to come before Council; and
- draft legislation.
The significance of excluding Cabinet confidences from the federal Act is that the usual procedures under the Act for review of a decision not to disclose information will not apply in the case of Cabinet
confidences.
The exclusion of Cabinet confidences from the scope of the federal Act does not, however, extend to those that have existed for more than 20 years. Also, the exclusion does not apply to discussion papers described above if the decisions to which the discussion papers relate have been made public or, in cases where the decisions have not been made public, where at least four years have passed since the decisions were made. In these limited circumstances, the Act will apply. |
Newfoundland and Labrador
ss.2(b), 18 |
Similar to Prince Edward Island. |
Nova Scotia
s.13 |
Similar to British Columbia except that the exemption is discretionary in Nova Scotia and no longer applies where the record has been in existence for 10 or more years. Other exceptions to the exemption similar to those in British Columbia apply.
|
Prince Edward Island
s.20 |
Similar to British Columbia.
The exemption does not apply to
- information in a record that has been in existence for 20 or more years; or
- information in a record of a decision made by the Executive Council or any of its committees on an appeal under an Act.
|
New Brunswick
ss.6(a), (g), (h) |
There is no exemption dealing specifically with Cabinet confidences. There are, however, discretionary exemptions for information that would disclose opinions or recommendations by public servants for a Minister or the Executive Council or that would disclose the substance of proposed legislation or regulations. These exemptions are not sufficient to protect all Cabinet confidences. However, the Act also contains a discretionary exemption for information the confidentiality of which is protected by law. Cabinet confidences are generally considered to be confidential under the common law and not subject to disclosure. |
Quebec
s.33 |
There is a mandatory exemption for Cabinet confidences, similar to that existing in most of the other provinces. The primary difference is that in many cases the person who prepared or received the information may authorize its release.
The above exemption applies for 25 years to certain communications, recommendations and studies made to, from and within the Conseil exécutif, the Conseil du trésor and Cabinet committees. It also applies for the same period to records or reports of deliberations and agendas of meetings of those bodies. |
Ontario
s.12 |
There is a mandatory exemption for Cabinet confidences, including the same types of information that are described as Cabinet or Privy Council confidences in the federal Act.
The exemption does not apply to records that are more than
20 years old or to records in respect of which the Executive Council, for which the records were prepared, has consented to access. Nor does the exemption apply to background analyses prepared for Cabinet in making a decision where the decision has been made and implemented. |
Manitoba
s.19 |
There is a mandatory exemption for Cabinet confidences, including the same types of information that are protected in most of the other provinces.
The exemption does not apply where the record is more than
30 years old or if Cabinet for which the record has been prepared consents to disclosure. |
Saskatchewan
s.16 |
There is a mandatory exemption for Cabinet confidences similar in its terms to that in most of the other provinces.
The exemption does not apply where the record has been in existence for more than 25 years or where the President of the Executive Council for which the record was prepared has consented to disclosure. |
Alberta
s.22 |
Similar to British Columbia except that the mandatory exemption in the Alberta Act extends to records revealing the substance of deliberations of the Treasury Board or any of its committees.
The exemption does not apply in circumstances similar to those in which the relevant exemption in British Columbia does not apply. |
British Columbia
s.12 |
There is a mandatory exemption for information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted to the Executive Council or any of its committees.
The exemption does not apply to:
- information in a record that has been in existence for 15 or more years;
- information in a record of a decision made by the Executive Council or any of its committees on an appeal under an Act; or
- information in a record whose purpose is to present background explanations or analysis to the Executive Council or any of its committees for its consideration in making a decision if the decision has been made public or implemented or if five or more years have passed since the decision was made or considered.
|
Northwest Territories
s.13 |
There is a mandatory exemption for information that would reveal a “confidence of the Executive Council,” including the various types of information enumerated in the relevant section.
The exception does not apply to information that has been in existence in a record for more than 15 years. |
Nunavut
s.13 |
Same as Northwest Territories. |
Yukon
s.15 |
Similar to British Columbia. |
| Advice, Recommendations, Consultations and Deliberations |
All of the access statutes provide an exemption for certain advice and deliberations in respect of government operations and policy at the Ministerial or other sub Cabinet level. |
Federal
s.21 |
Discretionary exemption for the following information if it came into existence less than 20 years prior to the request:
- advice or recommendations developed by or for a government institution or Minister;
- an account of consultations or deliberations involving directors, officers or employees of a government institution, a Minister or Minister’s staff;
- positions or plans developed for the purpose of negotiations carried on by or on behalf of the government and considerations relating thereto; and
- plans relating to the management of personnel or the administration of a government institution that have not yet been put into operation.
The above exemption does not apply to a record containing:
- an account of, or the reasons for, a decision made in the exercise of a discretionary power or an adjudicative function and that affects the rights of a person; or
- a report prepared by a consultant or advisor who was not, at the time the report was prepared, a director, officer or employee of a government institution or a member of a Minister’s staff.
|
Newfoundland and Labrador
s.20 |
Discretionary exemption for information that would reveal:
- advice or recommendations developed by or for a government institution or a Minister; or
- draft legislation or regulations.
The exemption does not apply to information in a record that has been in existence for 15 or more years. A large number of exceptions to the exemption are listed in the Act, including, for example, factual material, statistical surveys and environmental impact statements.
|
Nova Scotia
s.14 |
Discretionary exemption for information that would reveal advice, recommendations or draft regulations developed by or for a government institution or a Minister. The exemption does not protect background information used by the government institution nor does it apply to information in a record that has been in existence for five or more years. Nothing in the relevant provision requires the disclosure of information to which access may be refused under the Cabinet confidences exemption
in s.13.
|
Prince Edward Island
s.22 |
Similar to Saskatchewan except that the exemption in P.E.I. does not apply to information that has been in existence for 20 or more years. As well, there are a number of other exceptions to the exemption similar to those in Saskatchewan. |
New Brunswick
ss.6(g), (h) |
Discretionary exemption for information, the release of which would disclose:
- opinions or recommendations by public servants for a Minister or the Executive Council; or
- the substance of proposed legislation or regulations.
|
Quebec
ss.35-39 |
Discretionary exemption for the
following:
- records of deliberations of a meeting of the Board of Directors of a government institution until 15 years have expired;
- preliminary draft of a bill or regulations until 10 years have expired;
- a recommendation or opinion presented less than 10 years earlier by a member of a government institution in the discharge of duties;
- a recommendation or opinion presented to a government institution at its request by a consultant less than 10 years earlier on a matter within its jurisdiction;
- recommendations or opinions made by an agency under the jurisdiction of a government or made by it to another government institution until the final decision on the subject matter of the recommendation or opinion is made public by the authority having jurisdiction; the same applies to a recommendation or opinion made to a Minister by an agency under the Minister’s authority.
A government institution may also refuse to disclose a study prepared in connection with a recommendation made within a decision-making process until a decision is made on the recommendation or, if no decision is made, until five years have elapsed from the date the study was made. |
Ontario
s.13 |
Discretionary exemption for information the disclosure of which would reveal advice or recommendations of a public servant, any other person employed in the service of a government institution or a consultant retained by a government institution.
The above exemption does not apply where the record containing the information is more than 20 years old or where the head of a government institution has publicly cited the record as a basis for making a decision or formulating a policy. There is a substantial list of other exceptions to the broad exemption. Exceptions to the exemption include,
for example, factual material, environmental impact statements and reasons for decisions made in the exercise of discretionary powers.
|
Manitoba
s.23 |
Similar to Saskatchewan except that the exemption in Manitoba does not apply where the record is more than 30 years old. In addition, the Act specifies a number of other exceptions to the exemption. |
Saskatchewan
s.17 |
Discretionary exemption for information that could reasonably be expected to disclose:
- advice, proposals, recommendations, analyses or policy options developed by or for a government institution or a member of the Executive Council;
- consultations or deliberations involving officers or employees of a government institution, a Minister or staff of a Minister;
- positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Government of Saskatchewan or an institution thereof, or the considerations that relate to those negotiations;
- plans relating to the management of personnel or the administration of a government institution and that have not yet been implemented;
- contents of draft legislation or regulations;
- agendas or minutes of certain government institutions; and
- information, including the proposed plans, policies or projects of a government institution, the disclosure of which could reasonably be expected to result in disclosure of a pending policy or budgetary decision.
The exemption does not apply where the record containing the information has been in existence for more than 25 years. The Act also lists a number of other exceptions to the exemption. |
Alberta
s.24 |
Similar to Saskatchewan except that the exemption in Alberta does not apply to information that has been in existence for 15 or more years. In addition, the Act specifies a number of other exceptions to the exemption similar to those
in Saskatchewan.
|
British Columbia
s.13 |
Discretionary exemption for information that would reveal advice or recommendations developed by or for a government institution or a Minister.
The exemption does not apply to information contained in a record that has been in existence for
10 or more years. A large number of exceptions to the exemption are listed in the Act, including for example, factual material, statistical surveys and environmental impact statements. |
Northwest Territories
s.14 |
Similar to Saskatchewan except that the exemption in the Northwest Territories does not apply to information that has been in existence for more than 15 years. As well, there are a number of other exceptions to the exemption similar to those in Saskatchewan. |
Nunavut
s.14 |
Same as Northwest Territories. |
Yukon
s.16 |
Similar to Newfoundland and Labrador. |
| Intergovernmental Information |
Federal
s.13 |
Subject to the exception noted below, there is a mandatory exemption for information that was obtained in confidence from the government of any foreign state, an international organization of states, a province of Canada or any municipal or regional government in a province, their institutions or an Aboriginal government (as defined in s.13(3)). There is an exception in that intergovernmental information may be disclosed where the government or organization from which the information was obtained consents to the disclosure or makes the information public. |
Newfoundland and Labrador
s.23 |
Similar to British Columbia except that the exemption in Newfoundland and Labrador specifically refers to information received in confidence from the Nunatsiavut government rather than any Aboriginal government. |
Nova Scotia
s.12 |
Discretionary exemption for information the disclosure of which could reasonably be expected to reveal information received in confidence from the Government of Canada or a province, a municipal unit or school board, an Aboriginal government, a foreign government, an international organization of states, or their institutions. However, such information may not be disclosed without the consent of the Governor in Council.
The exemption does not apply to information in a record that has been in existence for 15 or more years or where the government, body, or organization from which the information was obtained consents to the disclosure or makes the information public. |
Prince Edward Island
s.19 |
Discretionary exemption for information the disclosure of which could reasonably be expected to reveal information supplied in confidence by the Government of Canada or a province or territory, a foreign government, an international organization of states, or their institutions. However, such information may not be disclosed without the consent of the government or organization that supplied the information. The exemption does not apply to information that has been in existence for 20 or more years. |
New Brunswick
s.6(d) |
Discretionary exemption for information the release of which would violate the confidentiality of information obtained from another government. |
Quebec
s.18 |
The Quebec government or any of its departments may refuse to release information from a government other than that of Quebec, an agency of such a government or an international organization. Similarly, the Lieutenant Governor, the Conseil exécutif and the Conseil du trésor may refuse to release the information described. Unlike most of the other jurisdictions, the Act does not specify that the information must have been obtained in confidence in order for the exemption to apply. |
Ontario
s.15 |
Discretionary exemption for information the disclosure of which could reasonably be expected to reveal information received in confidence from another government or an institution thereof or from an international organization of states or an institution thereof. However, such information may not be disclosed without the prior approval of the Executive Council. |
Manitoba
s.20 |
Mandatory exemption for information the disclosure of which could reasonably be expected to reveal information provided in confidence by the Government of Canada, or a province or territory, a local public body, a foreign government, an organization representing one or more governments, an international organization of states, or one of their institutions. There is an exception in that the above information may be disclosed where the government institution that provided the information consents to the disclosure or makes the information public. |
Saskatchewan
s.13 |
Mandatory exemption for information obtained in confidence from the Government of Canada or a province or a foreign government or an international organization of states or one of their institutions. There is an exception in that the above information may be disclosed where the government or institution from which the information was obtained consents to the disclosure or makes the information public. As well, there is a discretionary exemption for information that was obtained from a local authority as defined
in the regulations. |
Alberta
s.21 |
Discretionary exemption for information the disclosure of which could reasonably be expected to reveal information supplied in confidence from the Government of Canada or a province or territory, a local government body, an Aboriginal organization that exercises government functions, a foreign government, an international organization of states, or their institutions. However, such information may not be disclosed without the consent of the government, body or organization that supplied the information. The exemption does not apply to information that has been in existence for 15 or more years.
|
British Columbia
s.16 |
Discretionary exemption for information the disclosure of which could reasonably be expected to reveal information received in confidence from the Government of Canada or a province, the council of a municipality or regional district, an Aboriginal government, a foreign government, an international organization of states, or their institutions. However, such information may not be disclosed without the consent of the Attorney General for law enforcement information or the Executive Council for any other type of information.
The exemption does not apply to information in a record that has been in existence for 15 or more years unless the information is law enforcement information. |
Northwest Territories
s.16 |
Similar to British Columbia except that in the Northwest Territories, the information cannot be disclosed without the approval of the Commissioner in Executive Council and the written consent of the government, local authority organization or agency that provided the information. |
Nunavut
s.16 |
Same as Northwest Territories. |
Yukon
s.20 |
Similar to British Columbia except that in the Yukon no distinction is made for law enforcement information. |
| Intergovernmental Relations |
Federal
ss.14, 15(1) |
Discretionary exemption for information the disclosure of which could reasonably be expected to be injurious to the conduct by the federal government of federal-provincial affairs or international affairs. |
Newfoundland and Labrador
s.23 |
Similar to British Columbia except that the exemption in Newfoundland and Labrador refers to information the disclosure of which could reasonably be expected to harm the conduct by the government of the province of relations between that government and the Nunatsiavut government rather than an Aboriginal government generally. |
Nova Scotia
s.12 |
Similar to British Columbia except that in Nova Scotia in all cases such information may not be released without the consent of the Governor in Council. As in B.C., the exemption does not apply to information in a record that has been in existence for 15 or more years but unlike B.C., makes no distinction for law enforcement information. |
Prince Edward Island
s.19 |
Discretionary exemption for information that could reasonably be expected to harm relations between the Government of P.E.I. and the federal or a provincial or territorial government, a foreign government, an international organization of states, or their institutions. Such information may not be disclosed without the consent of the Minister responsible for the Act in consultation with the Executive Council. The exemption does not apply to information that has been in existence for 20 or more years. |
| New Brunswick |
No relevant provision. |
Quebec
s.19 |
Discretionary exemption for information the disclosure of which would likely be detrimental to relations between the Quebec government and another government or international organization. |
Ontario
s.15 |
Discretionary exemption for information the disclosure of which could reasonably be expected to prejudice the conduct of intergovernmental relations by the Ontario government or an institution thereof. Such information may not be disclosed without the prior approval of the Executive Council. |
Manitoba
s.21 |
Discretionary exemption for information that could reasonably be expected to harm relations between the Government of Manitoba and the federal or a provincial or territorial government, a local public body (as defined in the Act), a foreign government, an organization representing one or more governments, an international organization of states, or their institutions. |
Saskatchewan
s.14(a) |
Discretionary exemption for information the release of which could reasonably be expected to prejudice, interfere with or adversely affect relations between the Government of Saskatchewan and another government. |
Alberta
s.21 |
Discretionary exemption for information the disclosure of which could reasonably be expected to harm relations between the Government of Alberta and the federal or a provincial or territorial government, a local government body, an Aboriginal organization that exercises government functions, a foreign government, an international organization of states, or their institutions. Such information may not be disclosed without the consent of the Minister responsible for the Act in consultation with the Executive Council. The exemption does not apply to information that has been in existence for 15 or more years. |
British Columbia
s.16 |
Discretionary exemption for information the disclosure of which could reasonably be expected to harm the conduct by the Government of British Columbia of relations between that government and the federal or a provincial government, the council of a municipality or regional district, an Aboriginal government, a foreign government, an international organization of states or their institutions. The exemption also applies to information the disclosure of which could reasonably be expected to harm the conduct of negotiations relating to Aboriginal self-government or treaties. However, the above information may not be disclosed without the consent of the Attorney General for law enforcement information, or the Executive Council for any other type of information. The exemption does not apply to information in a record that has been in existence for 15 or more years unless the information is law enforcement information. |
Northwest Territories
s.16 |
Similar to British Columbia except that such information may not be disclosed in any case without the approval of the Commissioner in Executive Council. As in British Columbia, the relevant provision setting out the exemptions in the Northwest Territories does not apply to information in a record that has been in existence for more than 15 years unless the information relates to law enforcement. |
Nunavut
s.16 |
Same as Northwest Territories. |
Yukon
s.20 |
Similar to British Columbia except that in the Yukon no distinction is made for law enforcement information. The consent of the Executive Council is required in order to release information in all cases. |
| Defence and Security |
Because information relating to defence and security is most often under the control of the federal government, a number of the provincial access statutes do not contain an exemption specifically relating to this type of information. |
Federal
s.15 |
Discretionary exemption for information the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any of its allies or the detection, prevention or suppression of subversive or hostile activities. The exemption is expressly stated to apply to information on such matters as
- military tactics and strategy;
- the quantity, characteristics, capabilities or deployment of weapons or other defence equipment; and
- the characteristics and capabilities of military personnel.
|
Newfoundland and Labrador
s.22(1)(b) |
Similar to British Columbia. |
Nova Scotia
s.15(1)(b) |
Similar to British Columbia. |
Prince Edward Island
s.18(1)(b) |
Similar to British Columbia. |
| New Brunswick |
No relevant provision. |
Quebec
s.28.1 |
Mandatory exemption for information the disclosure of which would jeopardize state security. |
Ontario
s.16 |
Similar to British Columbia except that a government institution may not disclose such information without the prior approval of the
Executive Council. |
Manitoba
s.25(1)(b) |
Similar to British Columbia. |
Saskatchewan
s.14(b) |
Discretionary exemption for information the release of which could reasonably be expected to prejudice, interfere with or adversely affect the defence or security of Canada or of any foreign state allied or associated with Canada. |
Alberta
ss.20(1)(b), (b.1) |
Discretionary exemption for information the disclosure of which could reasonably be expected to prejudice the defence of Canada or of any foreign state allied to or associated with Canada, or disclose activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security
Intelligence Service Act. |
British Columbia
s.15(1)(b) |
Discretionary exemption for information the disclosure of which could reasonably be expected to prejudice the defence of Canada or of any foreign state allied to or associated with Canada, or harm the detection, prevention or suppression of espionage,
sabotage or terrorism. |
| Northwest Territories |
No relevant provision. |
| Nunavut |
No relevant provision. |
| Yukon |
No relevant provision. |
| Economic Interests of the Government |
Federal
ss.18, 18.1 |
Discretionary exemption for information that contains:
- trade secrets or financial, commercial, scientific or technical information that belongs to the federal government or an institution thereof and has or is reasonably likely to have substantial value,
- information the disclosure of which could reasonably be expected to prejudice the competitive position of a federal government institution, or to interfere with contractual or other negotiations of a government institution,
- scientific or technical information obtained through research by an officer or employee of a federal government institution, the disclosure of which could reasonably be expected to deprive the officer or employee of priority of publication, or
- information the disclosure of which could reasonably be expected to be materially injurious to the government’s financial interests or the ability of the government to manage the economy or that could reasonably be expected to result in undue benefit to any person.
As well, there is a specific discretionary exemption for information containing trade secrets or financial, commercial, scientific or technical information that belongs to, and has consistently been treated as confidential by, the Canada Post Corporation, Export Development Canada, the Public Sector Pension Investment Board, or Via Rail Canada Inc. However, the exemption does not apply to part of a record containing information that relates to:
- the general administration of any of the above-named government institutions, or
- any activity of the Canada Post Corporation that is fully funded out of monies appropriated by Parliament.
|
Newfoundland and Labrador
s.24 |
Similar to British Columbia. |
Nova Scotia
s.17 |
Similar to British Columbia. |
Prince Edward Island
s.23 |
Similar to British Columbia. |
New Brunswick
s.6(c) |
Discretionary exemption for information the release of which would cause financial loss or gain to a person or government institution or would jeopardize negotiations leading to an agreement or contract. |
Quebec
ss.21, 22 |
The economic interests exemption is limited to fairly specific circumstances. For example, there is a discretionary exemption for industrial, financial, commercial, scientific or technical information that a government institution owns if its disclosure would likely hamper negotiations in view of a contract, or result in losses for the institution or in considerable profit for another person. There is also a discretionary exemption for information about proposed government borrowings, property transactions, public works and taxes, but only where such disclosure would likely unduly benefit or seriously harm a person or have a serious adverse effect on the economic interests of the government institution or group of persons under its jurisdiction. A government institution may also refuse to release an industrial secret that it owns.
|
Ontario
s.18 |
Discretionary exemption for information relating to the economic interests of Ontario. Included in the list of categories of information covered by the exemption is information similar to that covered by the federal exemption as well as certain other specified information. There is an exception in that under this exemption,a government institution cannot refuse to disclose the results of product or environmental testing carried out by or for a government institution unless the testing was done for someone other than the institution and for a fee or the testing was conducted as preliminary or experimental tests for the purpose of developing methods of testing.
|
Manitoba
s.28 |
Similar to British Columbia. |
Saskatchewan
s.18 |
Discretionary exemption for a lengthy list of specific types of information that are protected under the exemption pertaining to economic interests of government institutions. Among the types of information subject to protection under this exemption is information similar to that in the federal exemption. Also included is a similar exception to that in the Ontario Act with respect to the results of certain product or environmental testing. |
Alberta
s.25 |
Similar to British Columbia. |
British Columbia
s.17 |
Discretionary exemption for information the disclosure of which could reasonably be expected to harm the financial or economic interests of the provincial government or an institution thereof, or the ability of the government to manage the economy. The exemption provides a list of information included within the category. Also included is a similar exception to that in the Ontario Act with respect to the results of certain product or environmental testing. |
Northwest Territories
s.17 |
Similar to British Columbia. |
Nunavut
s.17 |
Similar to British Columbia. |
Yukon
s.17 |
Similar to British Columbia. |
| Information Relating to Law Enforcement |
All of the jurisdictions that have access legislation have specific exemptions for information relating to law enforcement,
police investigations and penal institutions.
|
Federal
s.16 |
Discretionary exemption covering information relating to law enforcement, police investigations and penal institutions. The Act describes in considerable detail the types of information to which the exemption applies.
The Act also contains a mandatory exemption for information obtained or prepared by the R.C.M.P. while performing policing services for a province or municipality pursuant to s.20 of the Royal Canadian Mounted Police Act, where the federal government has, at the request of the province or municipality, agreed not to disclose such information.
|
Newfoundland and Labrador
s.22 |
Similar to British Columbia. |
Nova Scotia
s.15 |
Discretionary exemption for the various types of information relating to law enforcement that are described in considerable detail in the Act.
However, after a police investigation is completed, the head of a government institution shall not refuse to disclose to an applicant, pursuant to the law enforcement provision, the reasons for a decision not to prosecute if the applicant is aware of the police investigation, but nothing requires disclosure of any of the types of information mentioned in section 15. |
Prince Edward Island
s.18 |
Discretionary exemption for the various types of information relating to law enforcement that are described in considerable detail in the Act.
Exception to the discretionary exemption similar to that
in Alberta.
Mandatory exemption for information in a law enforcement record the disclosure of which is prohibited under an enactment of Canada.
After a police investigation is completed, the head of a government institution may disclose the reasons for a decision not to prosecute to:
- a person who knew of, or was significantly interested in the investigation, including a victim or a relative or friend of a victim, or
- any other member of the public, if the fact of the investigation was made public.
|
New Brunswick
ss.6(e), (h.1), (h.2), (i) |
Discretionary exemption for information the disclosure of which:
- would be detrimental to the proper custody, control or supervision of persons under sentence;
- would reveal information gathered by the police in investigating any illegal or suspected illegal activity, or the source of such information;
- would disclose any information reported to the provincial Attorney General with respect to the above activity; or
- would impede an investigation, inquiry or the administration of justice.
|
Quebec
ss.28, 41.2 |
Mandatory exemption requiring a government institution to refuse to release or to confirm the existence of prescribed law enforcement information.
However, there is an exception in that a government institution may release information to which a restriction on the right of access applies under sections
- 23 or 24 (both pertaining to third party information),
- 28 (crime prevention),
- 28.1 (state security) or
- 29 (method or weapon likely to be used to commit a crime)
for certain law enforcement and related purposes set out in the exception. As well, a police force may release such information to another police force. However, the information released must not reveal a confidential source of information or the trade secrets of a third party.
|
Ontario
ss.14, 14.1, 14.2 |
Discretionary exemption for the various types of information relating to law enforcement that are described in considerable detail in the Act. The head of a government institution may refuse to confirm or deny the existence of records containing such information.
However, the head of a government institution must disclose 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.
There is also a discretionary exemption for information the disclosure of which could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Civil Remedies Act, 2001, conduct a proceeding under that Act or enforce an order under that Act. The head of a government institution may refuse to confirm or deny the existence of a record containing such information. A similar exemption pertaining to the Prohibiting Profiting from Recounting Crimes Act, 2002 applies.
|
Manitoba
s.25 |
Discretionary exemption for the various types of information relating to law enforcement that are described in considerable detail in the Act.
However, the above discretionary exemption does not apply to a report on the degree of success achieved by a law enforcement program, unless disclosure of the report could reasonably be expected to cause any harm or interference referred to in the exemption. Nor does the exemption apply to a record that provides a general outline of the structure or programs of a law enforcement agency.
As well, there is a mandatory exemption for information in a law enforcement record the disclosure of which is prohibited under an enactment of Canada.
|
Saskatchewan
s.15 |
Discretionary exemption for the various types of information relating to law enforcement and investigations that are described in considerable detail in the Act.
However, the exemption does not apply to information that:
- provides a general outline of the structure or programs of a law enforcement agency, or
- reports on the degree of success achieved in a law enforcement program.
|
Alberta
s.20 |
Discretionary exemption for the various types of information relating to law enforcement that are described in considerable detail in the Act.
The above exemption does not apply to:
- a report prepared in the course of routine inspections by an institution that is authorized to ensure compliance with an Alberta statute, or
- a report on the degree of success achieved in a law enforcement program unless disclosure could reasonably be expected to interfere with or harm any of the matters referred to in the law enforcement exemption.
There is a mandatory exemption for information in a law enforcement record the disclosure of which would be an offence under an Act of Canada.
After a police investigation is completed, the head of a government institution may disclose under the law enforcement exemption provision the reasons for a decision not to prosecute to:
- a person who knew of, and was significantly interested in the investigation, including a victim or relative or a friend of a victim, or
- any other member of the public, if the fact of the investigation was made public.
|
British Columbia
s.15 |
Discretionary exemption for the various types of information relating to law enforcement that are described in considerable detail in the Act.
The head of a government institution must not refuse to disclose under the law enforcement exemption:
- a report prepared in the course of routine inspections by an agency authorized to enforce compliance with an Act,
- a report on the degree of success achieved in a law enforcement program unless disclosure of the report could reasonably be expected to interfere with or harm any of the matters in the law enforcement exemption, or
- statistical information on decisions under the provincial
Crown Counsel Act to approve or not to approve prosecutions.
After a police investigation is completed, the head of a government institution shall not refuse to disclose, under the law enforcement exemption provision, the reasons for a decision not to prosecute to:
- a person who knew of and was significantly interested in the investigation, including a victim or a relative or a friend of the victim, or
- any other member of the public, if the fact of the investigation was made public.
|
Northwest Territories
s.20 |
Similar to Alberta. |
Nunavut
s.20 |
Similar to Alberta. |
Yukon
s.19 |
Similar to Alberta except that whereas in Alberta there is a mandatory exemption for information in a law enforcement record and whose disclosure would be an offence under a federal statute, in the Yukon the exemption is discretionary and covers law enforcement information whose disclosure would be an offence under either a federal or Yukon statute.
As well, the Yukon statute does not contain the exception contained in the Alberta statute regarding permitted disclosure of reasons for a decision not to prosecute once a police investigation is completed.
|
| Information Protected by Solicitor-Client Privilege |
All of the access statutes contain an exemption for this type of information. The exemption is generally discretionary.
The purpose of the exemption is to put the government on the same footing as other persons when it seeks legal advice.
|
Federal
s.23 |
Discretionary exemption for information that is subject to solicitor-client privilege. |
Newfoundland and Labrador
s.21 |
Discretionary exemption for information that is subject to solicitor-client privilege or that would disclose legal opinions provided to a government institution by a law officer
of the Crown. |
Nova Scotia
s.16 |
Discretionary exemption for information that is subject to solicitor-client privilege. |
Prince Edward Island
s.25 |
Similar to Alberta. |
New Brunswick
s.6(f) |
Discretionary exemption for information that would disclose legal opinions or advice provided to a person or government institution by a law officer of the Crown, or privileged communications as between solicitor and client in a matter of government institution business. |
Quebec
ss.31, 32 |
Discretionary exemption for legal opinions concerning the application of the law to a particular case, or the constitutionality or validity of legislative or regulatory provisions. The Act also contains a separate discretionary exemption for a “study” whose disclosure might well affect the outcome of judicial proceedings. |
Ontario
s.19 |
Discretionary exemption for information that is subject to solicitor-client privilege, that was prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation, or that was prepared by or for counsel employed or retained by an educational institution for use in giving legal advice or in contemplation of or for use in litigation. |
Manitoba
s.27 |
Similar to Saskatchewan.
As well, there is a mandatory exemption for information that is subject to a solicitor-client privilege of a person other than the government institution. |
Saskatchewan
s.22 |
Discretionary exemption for information:
- that is subject to solicitor-client privilege,
- that was prepared by an agent of the Attorney General for Saskatchewan or legal counsel for a government institution in relation to a matter involving the provision of advice or other services by the agent or legal counsel, or
- consisting of correspondence between an agent of the Attorney General for Saskatchewan or legal counsel for a government institution and any other person in relation to a matter involving the provision of advice or other services by the agent or legal counsel.
|
Alberta
s.27 |
Discretionary exemption for information:
- that is subject to any type of legal privilege, including solicitor-client privilege or parliamentary privilege,
- that was prepared by an agent or lawyer of the Alberta Minister of Justice and Attorney General or an Alberta government institution in relation to a matter involving the provision of legal services, or
- in correspondence between an agent or lawyer of the above Minister or an Alberta government institution and any other person in relation to a matter involving the provision of advice or other services by the agent or lawyer.
However, there is a mandatory exemption for information subject to any type of legal privilege that relates to a person other than a government institution. Only the Speaker of the Legislative Assembly may determine whether information is subject to parliamentary privilege. |
British Columbia
s.14 |
Discretionary exemption for information that is subject to solicitor-client privilege. |
Northwest Territories
s.15 |
Similar to Alberta except that in the Northwest Territories, there is no mandatory exemption for information subject to any type of legal privilege that relates to a person other than a government institution. |
Nunavut
s.15 |
Same as Northwest Territories. |
Yukon
s.18 |
Discretionary exemption for information,
- that is subject to solicitor-client privilege, or
- that was prepared by or for a government institution for the purpose of existing or reasonably expected proceedings in court or before an adjudicative body, regardless of whether it has been communicated to or from a lawyer.
|
| Testing and Audit Procedures |
Several access statutes contain exemptions allowing government institutions to refuse access in certain circumstances to information about testing and auditing procedures or specific tests or audits that are to be carried out. The exemptions do not protect the outcome of audits or other tests. |
Federal
ss.16.1-16.5, 22, 22.1 |
Discretionary exemption for information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted if the disclosure would prejudice the use or results of particular tests or audits.
As well, there is a discretionary exemption for a draft report of an internal audit of a government institution or any related audit working paper if the record came into existence less than 15 years before the request was made. However, the head of a government institution shall not refuse to disclose, under this provision, a draft report of an internal audit of a government institution if a final report of the audit is not delivered to the institution within two years after the day on which the audit was first commenced.
There are also mandatory exemptions for information pertaining to certain investigations and/or audits conducted by or on behalf of the Auditor General of Canada, the Commissioner of Official Languages, the Information Commissioner, the Privacy Commissioner, the Commissioner of Lobbying, or the Public Sector Integrity Commissioner. However, the information is generally available after the investigation is concluded.
Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer may refuse to disclose information that was obtained by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the Canada Elections Act.
|
| Newfoundland and Labrador |
No relevant provision. |
| Nova Scotia |
No relevant provision. |
Prince Edward Island
s.24 |
Similar to Alberta. |
| New Brunswick |
No relevant provision. |
Quebec
Similar to Alberta. |
The provincial Auditor General or a person carrying out an auditing function in or for a government institution may refuse to release or confirm the existence of information the disclosure of which would be likely to hamper an audit in progress, reveal an auditing program or operation plan or a confidential source of audit information, or prejudice the Auditor-General in the exercise of certain of the powers granted to that office. |
| Ontario |
No relevant provision. |
Manitoba
s.29 |
Similar to Saskatchewan. |
Saskatchewan
s.20 |
Discretionary exemption for information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted, if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. |
Alberta
s.26 |
Similar to Saskatchewan except that the exemption also covers information relating to standardized tests used by a government institution, including intelligence tests, if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits.
As well, there is a mandatory exemption for information relating to an audit by the Chief Internal Auditor of Alberta. However, the exemption does not apply if 15 or more years have elapsed since the audit was completed or if the audit was discontinued or no progress has been made on the audit for 15 or more years.
|
| British Columbia |
No relevant provision. |
Northwest Territories
s.18 |
Similar to Saskatchewan. |
Nunavut
s.18 |
Same as Northwest Territories. |
| Yukon |
No relevant provision. |
| Third Party Information |
“Third party information” is the term generally used to describe information the disclosure of which might particularly affect a person other than the government from which it is sought. The third party is not directly involved in the request for information.
All of the access statutes provide an exemption from disclosure for third party information although they describe it in different
terms.
Note: Most of the access statutes provide that before a government institution discloses what may be third party information, it must give notice to the potential third party, which may make representations against disclosure. The giving of notice is the first step in “third party proceedings.” “Third party proceedings” do not form part of the subject matter of this chart
|
Federal
ss.20, 20.1-20.4 |
Mandatory exemption for:
- trade secrets of a third party,
- financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party,
- information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party, or
- information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.
There is an exception in that the above third party information may be disclosed with the consent of the third party to whom the information relates.
There is also another exception in that the above third party information other than trade secrets may be disclosed if
- disclosure would be in the public interest as it relates to public health, public safety or the protection of the environment, and
- if the public interest in disclosure clearly outweighs in importance any financial loss or gain to a third party, any prejudice to the security of its structures, networks or systems, any prejudice to its competitive position, or interference with its contractual or other
negotiations.
The above third party information exemption does not apply to part of a record if that part contains the results of environmental testing carried out by or on behalf of a government institution unless the testing was done as a service to a person, a group of persons, or an organization other than a government institution and for a fee.
The heads of the Public Sector Pension Investment Board and the Canada Pension Plan Investment Board must refuse to disclose information related to investment that the respective Boards have obtained in confidence from a third party if the Boards consistently treated the advice or information as confidential.
As well, the head of the National Arts Centre Corporation must refuse to disclose information that would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential. |
Newfoundland and Labrador
s.27 |
Similar to British Columbia. |
Nova Scotia
s.21 |
Similar to British Columbia except that in Nova Scotia, the only exception to the exemptions is if the third party consents to the disclosure.
See also heading entitled “Public Interest Overrides.” |
Prince Edward Island
s.14 |
Similar to Alberta.
See also heading entitled “Public Interest Overrides.” |
New Brunswick
s.6(c.1) |
Discretionary exemption for financial, commercial, technical or scientific information:
- given by an individual or corporation that is a going concern in connection with financial assistance applied for or given under the authority of a statute or regulation of the province, or
- given in or pursuant to an agreement entered into under the authority of a statute or regulation, if the information relates to the internal management or operations of a corporation that is a growing concern.
|
Quebec
ss.23, 24 |
A government institution may not, without the consent of the third party involved, release industrial secrets of a
third party or confidential industrial, financial, commercial, scientific, technical or union information supplied by a third party and ordinarily treated by the third party as confidential.
Also, a government institution may not, without the consent of the third party, release information supplied by the third party if its disclosure would likely hamper negotiations in view of a contract, result in losses for the third party or in considerable profit for another person, or substantially reduce the third party’s competitive margin. |
Ontario
ss.11, 17, 23 |
Mandatory exemption for trade secrets or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to:
- prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization,
- result in similar information no longer being supplied to the government institution where it is in the public interest that similar information be so supplied,
- result in undue loss or gain to any person, group, committee, financial institution or agency, or
- reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve a labour relations dispute.
There is also a mandatory exemption for tax return information similar to that in British Columbia.
There is an exception in that a government institution may disclose any of the above types of information if the third party to whom the information relates consents to the disclosure.
See also heading entitled “Public Interest Overrides.” |
Manitoba
s.18 |
Subject to certain exceptions specified in the section, there is a mandatory exemption for:
- trade secrets of a third party,
- financial, commercial, labour relations, scientific or technical information supplied to a government institution by a third party on a confidential basis and treated consistently as confidential information by the third party,
- commercial, financial, labour relations, scientific or technical information the disclosure of which could reasonably be expected to
- harm the competitive position of a third party,
- interfere with contractual or other negotiations of a third party,
- result in significant financial loss or gain to a third party,
- result in similar information no longer being supplied to the government institution when it is in the public interest that similar information continue to be supplied, or
- reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute.
There is also a mandatory exemption for tax return information similar to that in British Columbia.
The above exemptions do not apply where:
- the third party consents to disclosure,
- the information is publicly available,
- an enactment of Manitoba or Canada expressly authorizes or requires the disclosure, or
- the information discloses the final results of a product or environmental test conducted by or for the government institution unless the test was done for a fee paid for by the third party.
Subject to a third party intervention procedure specified in the section and other exemptions in the Act, the above types of information may be released where the private interest of the third party in non-disclosure is clearly outweighed by the public interest in the disclosure for purposes of health, safety or environmental protection, improved competition, or government regulation of undesirable trade practices. |
Saskatchewan
s.19 |
Subject to certain exceptions specified in the relevant exemption section and to the third party proceedings set out in Part V of the Act, there is a mandatory exemption for:
- trade secrets of a third party,
- financial, commercial, scientific, technical or labour relations information that is supplied in confidence, implicitly or explicitly, to a government institution by a third party,
- information, the disclosure of which could reasonably be expected to result in financial loss or gain to, prejudice the competitive position of, or interfere with the contractual or other negotiations of a third party,
- a statement of financial account relating to a third party with respect to the provision of routine services from a government institution,
- a statement of financial assistance provided to a third party by a prescribed Crown corporation that is a government institution, and
- information supplied by a third party to support an application for financial assistance mentioned in (e).
However, the section specifies that access may be given to the above information with the written consent of the third party to whom the information relates.
The section also states that subject to the third party intervention procedure set out in Part V of the Act, access may be granted to the types of information set out above if:
- disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment, or
- the public interest in disclosure could reasonably be expected to clearly outweigh in importance any financial loss or gain to, prejudice to the competitive position of, or interference with contractual or other negotiations of, a third party.
|
Alberta
s.16 |
Similar to British Columbia except that in Alberta there are additional exceptions to the exemption in that it does not apply if a federal or Alberta statute authorizes or requires the information to be disclosed or if the information relates to a non-arm’s length transaction between a government institution and another party.
See also heading entitled “Public Interest Overrides.”
|
British Columbia
s.21 |
Mandatory exemption for information that:
- would reveal trade secrets of a third party or commercial, financial, labour relations, scientific or technical information of a third party, and
- that is supplied, implicitly or explicitly in confidence, and
- the disclosure of which could reasonably be expected to:
- harm significantly the competitive position or interfere significantly with the negotiating position of the third party,
- result in similar information no longer being supplied to the government institution when it is in the public interest that similar information continue to be supplied,
- result in undue financial loss or gain to any person or organization, or
- reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute.
There is also a mandatory exemption for information about a third party that was collected on a tax return or collected for the purpose
of determining tax liability or collecting a tax.
There are exceptions in that the above exemptions do not apply if the third party consents to the disclosure, or the information is in the custody or control of the Archives of the Government of B.C. or the archives of a B.C. public body and has been in existence for 50 or more years.
See also heading entitled “Public Interest Overrides.”
|
Northwest Territories
s.24 |
Similar to Saskatchewan except that in the Northwest Territories the mandatory exemption also covers information about a third party obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax. Whereas under the Saskatchewan provision, there is an exception in that the information described in the provision may be disclosed with the written consent of the third party to whom the information relates, in the Northwest Territories, there is an additional exception in that the information may also be disclosed if an Act or regulation of the Northwest Territories or Canada authorizes the disclosure.
As well, the relevant provision in the Northwest Territories does not contain the other exception contained in the Saskatchewan provision permitting disclosure in certain cases where it is in the public interest. |
Nunavut
s.24 |
Same as Northwest Territories. |
Yukon
s.24 |
Similar to British Columbia except that in the Yukon, the exceptions to the exemption are as follows:
- where the third party consents to the disclosure, and
- in the case of the mandatory exemption for information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax, that exemption does not apply to records under the Yukon Assessment and Taxation Act that describe a property and the assessment of the property.
|
| Fees |
a)
Application Fees |
b)
Search Fees |
c)
Reproduction Fees
If the requested information is to be disclosed by providing copies, reproduction costs are payable in all jurisdictions. |
d)
Waiver of Fees |
Federal
s.11 & regulations |
A person making a request for access to information is required to pay an application fee ($5) at the time the request is made. |
Search fees may be charged for every quarter hour in excess of five hours that is spent searching for the record and preparing it for disclosure. |
Reproduction fees payable. |
The head of a government institution may waive the requirement to pay any of the fees or may refund fees. |
Newfoundland
and Labrador
s.68, regulations & fee schedule |
An application fee ($5) must be paid before access to a record is given. |
Fees are charged for each hour in excess of two hours, rounded down to the nearest hour, spent locating, retrieving and preparing a record for disclosure. |
Reproduction fees payable. |
At the applicant’s request, the head of a government institution may waive all or part of the fees payable under the Act where the head is satisfied that:
- payment would impose an unreasonable hardship on the applicant, or
- the request for access relates to the applicant’s own personal information and waiving the fees would be reasonable and fair in the circumstances.
|
Nova Scotia
s.11 & regulations |
An application fee prescribed by the regulations ($25) is payable at the time the request is made. |
Search fees are charged per half hour of time in excess of two hours spent locating and retrieving a record. A charge is also levied for preparing a record for disclosure. |
Reproduction fees payable. |
Similar to British Columbia except that the application fee cannot be waived. |
Prince Edward Island
s.76 & regulations |
An applicant is required to
pay an initial fee ($5) set by the regulations. |
Similar to Saskatchewan. |
Reproduction fees payable. |
Similar to British Columbia. |
New Brunswick
s.4 & regulations |
An application fee ($5) is payable but only upon the granting of access to the information. |
The Act does not provide for search fees.
|
Reproduction fees payable. |
No provision for waiver of
any of the fees. |
Quebec
s.11 & regulations |
No application fee. |
The Act does not provide for search fees. |
Reproduction fees payable. |
Although the regulations may prescribe cases where persons are exempt from payment of fees, no such cases have been prescribed. |
Ontario
ss.24, 57 & regulations |
An application fee ($5) is payable when the request is made. |
Fees are charged for every quarter hour spent searching for and preparing a record for disclosure. |
Reproduction fees payable. |
All or part of the fees shall be waived where, in the opinion of the head of the institution, it is fair and equitable to do so after considering certain factors set out in the Act and regulations, including whether the payment will cause a financial hardship for the person requesting the record and whether the dissemination of the record will benefit public health or safety. |
Manitoba
s.82 & regulations |
No application fee is currently payable. |
Fees are charged for every
half hour in excess of two hours spent in searching for a record and preparing it for disclosure. |
Reproduction fees payable. |
At the applicant’s request, the head of a government institution may waive all or part of the fees if satisfied that:
- payment would impose an unreasonable hardship on the applicant,
- the request relates to the applicant’s own personal information and waiving the fees would be reasonable and fair in the circumstances, or
- the record relates to a matter of public interest concerning public health or safety or the environment.
|
Saskatchewan
s.9 & regulations |
No application fee. |
Similar to Manitoba |
Reproduction fees payable. |
Where prescribed circumstances exist, the head of an institution may waive payment of all or any part of the prescribed fee. Those circumstances are:
- where the actual cost of responding to an application varies from the total of the prescribed fees that are applicable to the application,
- where payment of the prescribed fees will cause a substantial financial hardship to the applicant and
- in the opinion of the head of the government institution, giving access to the information is in the public interest, or
- the application involves the personal information of the applicant, or
- where the prescribed fee or actual cost of the service is $10 or less.
|
Alberta
s.93 & regulations |
An applicant is required to pay an initial fee of $25 when a non continuing request is made and $50 when a continuing request is made. |
Similar to Ontario. |
Reproduction fees payable. |
Similar to British Columbia except that, in addition to the head of a government institution, the Information and
Privacy Commissioner may also excuse the applicant from paying all or part of a fee. |
British Columbia
s.75 & regulations |
No application fee. |
Search fees are charged for every quarter hour in excess of three hours spent locating and retrieving a record. Fees are also charged for every quarter hour spent in preparing a record for disclosure. |
Reproduction fees payable. |
The head of a government institution may excuse an applicant from paying all or part of a fee if, in the head’s opinion:
- the applicant cannot afford the payment or for any other reason it is fair to excuse payment, or
- the record relates to a matter of public interest, including the environment or public health or safety.
|
Northwest Territories
s.5 & regulations |
An applicant is required to pay an initial fee of $25 when a request for non-personal information is made. |
Other than the initial fee ($25), fees may not be charged unless the total amount of the fees calculated in accordance with Schedule B to the regulations, excluding the initial fee, exceeds $150. Where the amount of fees (searching for and retrieving a record, copying, shipping, etc.), calculated in accordance with Schedule B, excluding the initial fee, exceeds $150, the total amount of the fees is to be charged. The schedule sets out the fees per quarter hour for searching for and retrieving a record. A fee may not be charged for the time spent in reviewing a record. |
Reproduction fees payable in some cases as per the above. |
The head of a government institution may excuse the applicant from paying all or part of a fee if, in the opinion of the head, the applicant cannot afford the payment or, for any other reason, it is fair to excuse payment. |
Nunavut
s.5 & regulations |
Same as Northwest Territories. |
Same as Northwest Territories. |
Same as Northwest Territories. |
Same as Northwest Territories. |
Yukon
s.5(3) & regulations |
No application fee. |
Fees, as prescribed in the regulations, are charged for every hour in excess of three hours spent locating, retrieving and producing a record, preparing it for disclosure and supervising the applicant’s examination of it. |
Reproduction fees payable. |
The payment of some or all of a fee may be waived if:
- the applicant requests the waiver, and
- paying the full fee would cause undue hardship to the applicant or the person on whose behalf the applicant is applying.
|
Resolution of access disputes
A requester who does not succeed in obtaining any
or all of the information requested from a government institution
is entitled to a review of the institution’s disposition of the request. |
a)
Time Limit for Applying for Review |
b)
Reviewing Officer
(i.e., person performing the review) |
c)
Nature of the Review Process – Investigative or Adjudicative
The access statutes normally adopt one or two distinct review processes – either investigative or adjudicative. If the statute adopts an investigative approach, the reviewing officer will have the power only to recommend action to correct an improper denial of information. The government institution may accept or reject that recommendation.
If, on the other hand, the statute adopts an adjudicative approach, the reviewing officer can give an authoritative direction to the government institution to disclose the requested information. |
d)
Further Appeal Following Review
A person who is dissatisfied with the outcome of a review under an access statute can often appeal that result. |
| Federal |
A request for review must be made within 60 days after the day on which the person requesting access receives notice of refusal or is given access to only part of the information requested. The request must be in writing unless the Commissioner authorizes otherwise (s.31). |
Information Commissioner (s.30) |
Investigative approach; the Information Commissioner can only make recommendations – not a binding decision.
A government institution may either accept or reject the Commissioner’s recommendation (ss.30, 37). |
A person who has been refused access to information may, if a complaint has been made to the Information Commissioner in respect of the refusal, apply to the Federal Court for a review of the matter. The court then makes a decision regarding disclosure (ss.41, 49-51).
The Federal Court Act (s.27) generally provides for an appeal to the Federal Court of Appeal from any judgement of the Trial Division.
|
Newfoundland
and Labrador |
A request for a review by the Information and Privacy Commissioner must be made in writing within 60 days after the person asking for the review is notified of the decision regarding access or within a longer period allowed by the Commissioner (s.45).
Alternatively, a person who is notified of a decision regarding access may, within 30 days after notification of the decision, appeal directly to the Trial Division (s.43). |
Information and Privacy Commissioner or a judge of the Trial Division (s.43) |
The statute adopts both investigative and adjudicative approaches (ss.43, 45).
The reviewing officer under the investigative approach is the Information and Privacy Commissioner, who recommends whether or not access should be granted (s.49).
The reviewing officer under the adjudicative approach is a judge of the Trial Division, who makes a decision regarding disclosure (s.43).
A person who has appealed a decision directly to the Trial Division cannot ask the Commissioner to review a decision (s.43). |
The Act does not provide for an appeal where the reviewing officer is a judge of the Trial Division.
However, where the reviewing officer is the Commissioner, then once the Commissioner has made a written report recommending whether or not access should be granted, the head of a government institution must make a decision within 15 days of receipt of the report as to whether to follow the recommendation. Written notice of the decision is given to the Commissioner and a person who was sent a copy of the report. Within 30 days after receiving that decision, the person who made the request may appeal the decision to the Trial Division (ss.50,60). |
| Nova Scotia |
A request for a review must be made in writing within 60 days (subject to extension) of notice being given of the decision appealed, if the review is to be by a designated reviewing officer rather than by a judge (s.34). |
Review Officer designated by the Cabinet pursuant to the Act; or a judge of the N.S. Supreme Court (ss.32, 33)
|
Investigative and adjudicative; similar to New Brunswick. However, a requester may make a court application directly only if no third party has been notified of the request or if any third party given notice has consented to the application pursuant to s.22. Otherwise, a Review Officer makes a determination (ss.32-39). |
Similar to New Brunswick – appeal is to the Nova Scotia Supreme Court (s.41). |
Prince
Edward
Island |
A written request for a review must be made within 60 days after the person asking for review is notified of the decision, or within any longer period allowed by the Commissioner (ss.60, 61). |
Information and Privacy Commissioner (s.61) |
Adjudicative approach; the Information and Privacy Commissioner makes a determination as to whether or not access is to be granted (s.66). |
An order made by the Information and
Privacy Commissioner under the Act is final (s.67). |
New
Brunswick |
No time limit for applying for a review (s.7). |
Ombudsman or a judge of the Court of Queen’s Bench of New Brunswick (s.7) |
The statute adopts both investigative and adjudicative approaches. The reviewing officer under the investigative approach is the Ombudsman, who recommends whether access should be granted.
The reviewing officer under the adjudicative approach is a judge of the Court of Queen’s Bench, who makes a decision regarding disclosure.
The unsuccessful requester has the alternative of referring a refusal of information to either the Ombudsman or a judge of the Court of Queen’s Bench.
The two options cannot be pursued simultaneously. Where the applicant refers the matter to a judge of the Court of Queen’s Bench, the applicant may not thereafter refer the matter to the Ombudsman. Where the applicant refers the matter to the Ombudsman who makes a recommendation, and the government institution persists in denying access to information, the requester may appeal to a judge of the Court of Queen’s Bench (ss.7, 8, 10 and 11). |
The access Act does not allow for an appeal when the reviewing officer is a judge of the Court of Queen’s Bench. However, when the reviewing officer is the Ombudsman, and after receiving his or her recommendation, the head of a government institution subsequently makes a decision regarding access with which the person who made the request is dissatisfied, the person may appeal the matter to a judge of the Court of Queen’s Bench (ss.8, 11). |
| Quebec |
A request for a review of a decision regarding access must be made in writing within 30 days of the decision. Provision is made for an extension for “any serious cause” (s.135). |
Commission d’accès à l’information (a member, on behalf of the Commission, may sit alone to hear and determine an application for review) (s.135) |
Adjudicative approach; the Commission determines whether or not access is to be granted (ss.135, 141). |
Every decision of the Commission on a question of fact within its competence is final (s.146).
A person may bring an appeal from a decision of the Commission before a judge of the Court of Quebec on any question of law or jurisdiction. Such an appeal may be brought only with leave of a judge of the Court of Quebec (s.147). A decision of the judge of the Court of Quebec is final (s.154). |
| Ontario |
A decision regarding access may be appealed within 30 days of notice being given of the decision appealed from (s.50). |
Information and Privacy Commissioner (s.50) |
Adjudicative approach; the Information and Privacy Commissioner makes a determination as to whether or not access is to be granted (s.54). |
There is no statutory right of appeal from a decision of the Information and Privacy Commissioner. |
| Manitoba |
A decision regarding access may be the subject of a complaint to the Ombudsman in the prescribed form within 60 days after the person is notified of the decision (s.60). |
Ombudsman (s.59) |
Investigative approach; the Ombudsman recommends whether or not access should be granted (ss.59, 66). |
An applicant who is refused access to information in respect of which he or she has filed a complaint with the Ombudsman, and the Ombudsman has provided a report under s.66, may appeal the refusal of access to the Court of Queen’s Bench (s.67).
A decision of that court on an access matter is final and binding and there is no appeal therefrom (ss.73, 74). |
| Saskatchewan |
An applicant may apply on a prescribed form for a review of a decision regarding access within one year after being given written notice of the decision (s.49). |
Information and Privacy Commissioner (s.49) |
nvestigative approach; the Information and Privacy Commissioner recommends whether or not access should be granted (s.55). |
Once the Commissioner has made
a written report recommending whether or not access should be granted, the head of the government institution must make a decision within 30 days of receipt of the report as to whether to follow the recommendation. Written notice of the decision is given to the Commissioner and other relevant parties, including the party making the request. Within 30 days after receiving that decision, an applicant may appeal to the Court of Queen’s Bench for a determination of the matter
(ss.56, 57). |
| Alberta |
A written request for a review must be made within 60 days after a person is notified of the decision, or within any longer period allowed by the Commissioner (s.66). |
Information and Privacy Commissioner (s.65) |
Adjudicative approach; the Information and Privacy Commissioner makes a determination as to whether or not access is to be given (s.72). |
An order of the Information and Privacy Commissioner is not subject to appeal (s.73). |
British
Columbia |
A written request for a review of a decision regarding access must be delivered to the Information and
Privacy Commissioner within 30 days after the person is notified of the decision or within such longer period as is allowed by the Commissioner (s.53). |
Information and Privacy Commissioner (s.52) |
Adjudicative approach; the Information and Privacy Commissioner makes a determination as to whether or not access is to be granted (s.58). |
An order of the Information and Privacy Commissioner is not subject to appeal. |
| Northwest Territories |
A request for review must be delivered in writing to the Information and Privacy Commissioner within 30 days after the person asking for the review is given notice of the decision (s.29). |
Information and Privacy Commissioner (s.28). |
Investigative approach; the Information and Privacy Commissioner can only make recommendations – not a binding decision (s.35).
A government institution may either accept or reject the Commissioner’s recommendation (s.36). |
Within 30 days after receiving the Commissioner’s recommendations, the head of the government institution must
- make a decision to follow the Commissioner’s recommendation or any other decision the head considers appropriate, and
- give written notice of the decision to the relevant parties.
The failure of a head to make a decision as per the above is deemed to be a decision to refuse to follow the Commissioner’s recommendation (s.36).
The relevant person can then appeal to the Supreme Court of the Northwest Territories (s.37). |
| Nunavut |
Same as Northwest Territories (s.29). |
Information and Privacy Commissioner (s.28). |
Same as Northwest Territories (ss.35, 36). |
Same as Northwest Territories except that in Nunavut, the appeal is made to the Nunavut Court of Justice (ss.36, 37). |
| Yukon |
A request for review must be in writing and must be delivered to the Information and Privacy Commissioner within 30 days of the person asking for review having been notified of the decision they want reviewed or within 30 days after the date of the act or failure to act they want reviewed, or a longer period allowed by the Commissioner (s.49). |
Information and Privacy Commissioner (s.48). |
The Commissioner may try to settle or authorize a mediator to investigate and to try to settle a matter under review (s.51). If the matter is not settled by the mediator, the Commissioner must conduct an inquiry which must be completed within 90 days after receiving the request for review or within an additional period of up to 60 days if the additional time is needed for mediation of the review (s.52). |
After completing a review, the Commissioner makes recommendations which the government institution must decide whether it will follow within 30 days of receiving the Commissioner’s report and, if it does not do so, an applicant may appeal to the Supreme Court of Yukon (s.59). |
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