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Access to Information
- be in writing;
- specify the subject-matter of the record requested with sufficient particulars to be identified; and
- be accompanied by any required fee (please contact the appropriate public body to inquire to whom a cheque should be made payable).
Fees
There is no charge for applications for your own personal information or correction of your personal information. However, there is a mandatory $5 application fee for access to general records (contact the public body to find out who the cheque should be made payable to). If the application is for access to general records, you may also be charged for:
- the cost of staff time to locate and retrieve information;
- the cost of staff time to prepare the records; and
- photocopying, mailing, and if applicable, fax charges.
If a public body intends to charge a fee for records it must provide a fee estimate. Under the regulations to the Acts, a public body is entitled to charge $15.00 per half-hour of staff time and $0.20 for each photocopy. It also has the authority to waive a fee. You have the right to request a review by the Review Officer of a fee estimate by a public body.
Public Body Response times
The public body must respond to your request within 30 days. However, the response time may be extended for one of three reasons:
- your request is not detailed enough to clearly identify the information you requested;
- a large number of records is requested or must be searched and more time is needed to gather the documents; and
- the department or agency must consult with a third party or another public body before it can decide whether to release the information.
If the response time is extended, the public body must tell you and explain why. It also must tell you when you can expect its full response. You have a right to request a review by the Review Office of the extension.
Response types
Typically, you will receive one of the following three responses to a request for access to information.
- Your application has been granted in full. In this case, the public body has decided to release the information requested and you will receive a package containing the requested records.
- Your application has been granted in part. In this case, the public body has decided to release part of the information requested and you will receive a package containing the records you requested, but with particular sections removed.
- Your application has been denied. In this case, the public body has decided not to release any of the information requested.
In all three instances, you will receive a letter from the public body outlining its decision. If a public body refuses to release all or parts of records to you, it must tell you why. It must also tell you that you have the right to request a review of its decision by the Review Officer. You must request this review within 60 days of receiving the decision.
