Section 64 - Notifying Others of Review

Overview

Section 64 requires the minister to forward a request for review of a decision of the Commissioner as head of a public body to an adjudicator.

Section Reference

Section 64 of the Freedom of Information and Protection of Privacy Act

On receiving a request for a review, the minister responsible for this Act must promptly forward the request to an adjudicator and must give a copy to:

1. the commissioner, and,
2. any other affected person.

Summary

This section requires the Minister responsible for the Act to provide a copy of the request for a review to the Commissioner as head of the public body and to any other person the Minister or upon appointment, the Adjudicator, deems appropriate.

Procedure

1. The Minister receives a request for appointment of an adjudicator under section 60 of the Act.
2. The Minister acknowledges the request and advises the requestor that the process of appointment of an adjudicator has been initiated and that confirmation of the appointment will be communicated by the Office of the Chief Justice.
3. The Minister writes to the Deputy Attorney General providing a copy of the request for an adjudicator and requests facilitation of the appointment of an adjudicator under section 60 of the Act.
4. The Deputy Attorney General writes to the Chief Justice requesting nomination of a Judge to adjudicate a decision of the Commissioner under section 60 of the Act.
5. The Chief Justice, who was appointed an adjudicator under the Act by Order in Council dated January 11, 1996, will make a decision to adjudicate the specific request himself; designate one or two additional Judges appointed as adjudicators under the Act by Order in Council August 1, 1996; or request of the Deputy Attorney General the appointment of an additional judge to be designated as an adjudicator.
6. The Office of the Chief Justice will advise the requestor in writing of the designated adjudicator and the next steps in the process, with a copy to the Deputy Attorney General and the Minister.
7. The Office of the Chief Justice will contact the Commissioner and request that records in question be forwarded to the adjudicator for review.
8. The Office of the Chief Justice will advise the requestor and the Commissioner in writing of the outcome of the review with a copy to the Deputy Attorney General and the Minister.
9. The Office of the Chief Justice will return the records under review to the Commissioner.

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 27, 2007