Section 63 - How to Ask for a Review
Section 63 of the Freedom of Information and Protection of Privacy Act
- To ask for a review under this Division, a written request must be delivered to the minister responsible for this Act.
- A request for a review of a decision of the commissioner must be delivered within
- Section 53(3) applies if the commissioner fails to respond in time to a request for access to a record.
Section 63 sets out the procedure and time limits an applicant must observe when asking an adjudicator for a review of any decision, act, or failure to act by the Commissioner as the head of the public body.
The applicant must submit a request for review in writing to the Minister responsible for the Act outlining the reasons the applicant believes that a decision, act or failure to act by the Commissioner as head of a public body should be subject to review by an adjudicator.
An applicant must request a review of the Commissioner’s decision as the head of a public body within 30 days of being notified of the Commissioner’s disposition of a request for information.
The 30-day time limit may be extended by the Adjudicator.
If the Commissioner fails to respond to a request for information within the 30-day time limit specified in section 7 of the Act, the applicant may proceed as if the request for information has been denied. In this case, the 30-day time limit for requesting a review does not apply.
For orders organized by the Act's section numbers, Click here.
For a summary of Commissioner's orders and policy interpretation of key points, Click here.
Last updated: July 26, 2007