Archived - Access to Information Guidelines - Charts Related to Access Requests

This page has been archived on the Web

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

1. Introduction

To assist in interpretation and application of the Access to Information Act, this chapter contains a chart of the various notification requirements of the Act as well as two flowcharts which depict the decision points for processing access requests and applying exemptions. These charts are provided for reference only, and institutions are not required to precisely follow these decision-making processes.


Appendix A - Notification Requirements and Time Limits

Under the Access to Information Act

RECIPIENT

STATUTORY PROVISION

CRITICAL DATE

PURPOSE

APPLICANT

Response to a request: s.7

30 days from receipt of complete request

Government inst. to indicate whether or not access is to be given.

 

Transfer of a request: s.8

15 days from receipt of complete request

Government inst. to indicate transfer to inst. with "greater interest".

Extension of time limits: s.9(1)

30 days from receipt of complete request

Government inst. to indicate time extension.

 

Cost estimate (and deposit requirement): s.5 Regs.

Upon determining that access shall be given

Government inst. to indicate cost estimates, required deposits and means of reducing costs.

 

Intended disclosure of third party info. s.28(4)

20 days from notice given to third party under s.28(2)(b)

Government inst. to indicate that disclosure is intended, unless third party requests federal court review.

 

Recommended disclosure by info. commissioner: s.29(1)

Within time limit specified by info. commissioner's report

Government inst. to indicate compliance with info. commissioner's recommendation to disclose, unless a third party requests federal court review.

 

Report to complainant s.37(2)

Upon expiration of time given for notice under 371(b)

Information commissioner to report results of investigation.

 

Right of review: s.37(5)

N/A

Information commissioner to notify applicant of right of review by federal court where gov't inst. gives no notice of intended access.

 

Notice of court review by third: s.44(2)

Forthwith on being given notice of federal court review

Government institution to notify applicant that a third party has applied for review of intended disclosure.

THIRD PARTIES

Notice of intended disclosure: s.27(1)

30 days from receipt of complete request

Government inst. to notify third party of third parties of intended disclosure.

 

Decision after third party representation s.28(1)(b). s.28(3)

30 days from notice under s.27(1)

Government inst. to notify third party of decision.

 

Decision after recommendation by information commissioner: s.29(1)

Within time specified by info. comm. in report under s.37(1)(b)

Government inst. to notify third party or parties of intention to disclosure on the recommendation of info. comm.

 

Report to third party: s.37(2)

Upon expiration of time given for notice under s.37(1)(b)

Information commissioner to report result of investigation to third parties.

 

Notice of appeal to federal court: s.43(1)

Forthwith upon notice of appeal under s.41 or s.42

Government inst. to notify any third party of appeal by applicant to the court.

GOVERNMENT INSTITUTION

Notice of intent to investigate: s.32

Before commencing investigation

Information commissioner to notify government inst. of complaint, its substance and intent to investigate.

 

Findings and recommendations: s.37(1)

 

Information commissioner to provide government inst. with findings/recommendations.

INFORMATION COMMISSIONER

Time extension: s.9(2)

Same as notice under s.9(1)

Government inst. to notify information commissioner if the time extension required is for more than 30 days.

 

Identifying third parties: s.33

Forthwith upon notice of complaint by applicant in respect of a refusal

Government inst. to advise information commissioner of any third party that would have been identified under s.28(1)

 

Notice of action to be taken: s.37(1)(b)

Within time specified by information commissioner

Government inst. to report to information commissioner action taken or intended, or reasons why not such action is taken to implement recommendations.

Appendix B - Decisions Required for Processing Access Requests

DECISIONS REQUIRED FOR PROCESSING ACCESS REQUESTS

Decisions Required for Processing Access Requests

Appendix C - Exemption Application Procedures

EXEMPTION APPLICATION PROCEDURES

EXEMPTION APPLICATION PROCEDURES