Section 60 - Adjudicator to Investigate Complaints & Review Decisions

Overview

This section permits the Lieutenant Governor in Council to designate a Supreme Court judge to act as an adjudicator to investigate complaints against and review decisions, actions (act), or inaction (failure to act) by the Commissioner as head of a public body.

Section Reference

Section 60 of the Freedom of Information and Protection of Privacy Act:

1. The Lieutenant Governor in Council may designate a person who is a judge of the Supreme Court to act as an adjudicator and
   1. to investigate complaints made against the commissioner as head of a public body with respect to any matter referred to in section 42 (2),
   2. to determine, if requested under section 60.1, whether the commissioner as head of a public body is authorized to disregard a request made under section 5 or 29, and
   3. to review, if requested under section 62, any decision, act or failure to act of the commissioner as head of a public body.
2. An adjudicator may retain the services of any persons necessary to assist the adjudicator in performing his or her functions under this Act.
3. the government may pay out of the consolidated revenue fund,
   1. to an adjudicator, the expenses a judge is entitled to receive under section 57 (3) of the Judges Act (Canada) while acting as an adjudicator, and,
   2. to a person whose services are retained under subsection (2), remuneration for those services.

Summary

The Adjudicator is authorized to review:

• information or correction requests;
• matters listed in section 42(2), i.e.; a duty not performed; improper time extension; and, 
• inappropriate fees; refusal to correct personal information; and inappropriate collection, use or disclosure of personal information by the Commissioner as head of a public body, in contravention of Part 3.
• matters listed in section 60.1 regarding repetitious or systematic requests or those considered to be frivolous or vexatious.

An adjudicator may appoint staff to assist in performing these functions. The remuneration is provided for both the adjudicator and staff out of the government’s general budget.

Procedure

An applicant should make a request in writing to the Minister responsible for the Act, requesting the appointment of an adjudicator.

The Minister responsible for the Act, shall review the request to determine if it is in regard to decisions, actions, or inactions of the Commissioner as head of the public body. The Minister, if satisfied that section 60 applies, shall request of the Attorney General that an adjudicator be appointed. 

Interpretation

Interpretation Note 1:

The Commissioner as head of a public body means that the Commissioner makes decisions related to freedom of information requests to the Office of the Information and Privacy Commissioner and ensures that the Office of the Information and Privacy Commissioner meets the privacy requirements of the Act.

As a result, the Act covers the administrative records of the Office of the Information and Privacy Commissioner, e.g., travel vouchers, requisitions, financial records.

Sectional Index of Commissioner's Orders

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