Section 63 - How to Ask for a Review

Overview

Section 63 sets out how to ask for a review of a decision of the Commissioner as the head of a public body.

Section Reference

Section 63 of the Freedom of Information and Protection of Privacy Act

1. To ask for a review under this Division, a written request must be delivered to the minister responsible for this Act.
2. A request for a review of a decision of the commissioner must be delivered within
   1. 30 days after the person asking for the review is notified of the decision, or,
   2. a longer period allowed by the adjudicator.
3. Section 53(3) applies if the commissioner fails to respond in time to a request for access to a record.

Summary

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.

Procedure

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.

Interpretation

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.

The Minister responsible for the Act will review any request for an adjudicator and then forward the request to the Attorney General for the appointment of an adjudicator as described in section 60.

Sectional Index of Commissioner's Orders

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For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 26, 2007