Freedom of Information and Protection of Privacy Act
Ontario, Chapter F.31
PART IV -- APPEAL
- Right to appeal
- 50. (1)
A person who has made a request for,
or a person who is given notice of a request under
may appeal any decision of a head under this Act to the Commissioner.
access to a record under
access to personal information under
correction of personal information under
- Time for application
An appeal under subsection (1) shall be made within
thirty days after the notice was given of the decision
appealed from by filing with the Commissioner written notice
- Notice of application for appeal
Upon receiving a notice of appeal, the Commissioner
shall inform the head of the institution concerned and any
other affected person of the notice of appeal.
- Ombudsman Act not to apply
The Ombudsman Act does not apply in respect of a
complaint for which an appeal is provided under this Act or
the Municipal Freedom of Information and Protection of
Privacy Act or to the Commissioner or the Commissioner's
delegate acting under this Act or the Municipal Freedom of
Information and Protection of Privacy Act.
[R.S.O. 1990, c.F.31, s.50.]
- Mediator to try to effect settlement
The Commissioner may authorize a mediator to
investigate the circumstances of any appeal and to try to
effect a settlement of the matter under appeal.
[R.S.O. 1990, c.F.31, s.51.]
- 52. (1)
Where a settlement is not effected under
the Commissioner shall conduct an inquiry to review the
The Statutory Powers Procedure Act does not apply to an
inquiry under subsection (1).
- Inquiry in private
The inquiry may be conducted in private.
- Powers of Commissioner
In an inquiry, the Commissioner may require to be
produced to the Commissioner and may examine any record that
is in the custody or under the control of an institution,
of this Act or any other Act or
privilege, and may enter and inspect any premises occupied by
an institution for the purposes of the investigation.
- Record not retained by Commissioner
The Commissioner shall not retain any information
obtained from a record under subsection (4).
- Examination on site
Despite subsection (4), a head may require that the
examination of a record by the Commissioner be of the
original at its site.
- Notice of entry
Before entering any premises under subsection (4), the
Commissioner shall notify the head of the institution
occupying the premises of his or her purpose.
- Examination under oath
The Commissioner may summon and examine on oath any
person who, in the Commissioner's opinion, may have
information relating to the inquiry, and for that purpose the
Commissioner may administer an oath.
- Evidence privileged
Anything said or any information supplied or any
document or thing produced by a person in the course of an
inquiry by the Commissioner under this Act is privileged in
the same manner as if the inquiry were a proceeding in a court.
Except on the trial of a person for perjury in respect
of his or her sworn testimony, no statement made or answer
given by that or any other person in the course of an inquiry
by the Commissioner is admissible in evidence in any court or
at any inquiry or in any other proceedings, and no evidence
in respect of proceedings before the Commissioner shall be
given against any person.
- Protection under Federal Act
A person giving a statement or answer in the course of
an inquiry before the Commissioner shall be informed by the
Commissioner of his or her right to object to answer any
question under section 5 of the Canada Evidence Act.
No person is liable to prosecution for an offence
against any Act, other than this Act, by reason of his or her
compliance with a requirement of the Commissioner under this
The person who requested access to the record, the
head of the institution concerned and any affected party
shall be given an opportunity to make representations to the
Commissioner, but no person is entitled to be present during,
to have access to or to comment on representations made to
the Commissioner by any other person.
- Right to counsel
The person who requested access to the record, the
head of the institution concerned and any affected party may
be represented by counsel or an agent.
[R.S.O. 1990, c.F.31, s.52.]
- Burden of proof
Where a head refuses access to a record or a part of a
record, the burden of proof that the record or the part falls
within one of the specified exemptions in this Act lies upon
[R.S.O. 1990, c.F.31, s.53.]
- 54. (1)
After all of the evidence for an inquiry has been
received, the Commissioner shall make an order disposing of
the issues raised by the appeal.
Where the Commissioner upholds a decision of a head
that the head may refuse to disclose a record or a part of a
record, the Commissioner shall not order the head to disclose
the record or part.
- Terms and conditions
The Commissioner's order may contain any terms and
conditions the Commissioner considers appropriate.
- Notice of order
The Commissioner shall give the appellant and the
persons who received notice of the appeal under
written notice of the order.
[R.S.O. 1990, c.F.31, s.54.]
- 55. (1)
The Commissioner or any person acting on behalf of
or under the direction of the Commissioner shall not
disclose any information that comes to their knowledge in the
performance of their powers, duties and functions under this
or any other Act.
- Not compellable witness
The Commissioner or any person acting on behalf or
under the direction of the Commissioner is not compellable to
give evidence in a court or in a proceeding of a judicial
nature concerning anything coming to their knowledge in the
exercise or performance of a power, duty or function under
this or any other Act.
- Proceedings privileged
No proceeding lies against the Commissioner or against
any person acting on behalf or under the direction of the
Commissioner for anything done, reported or said in good
faith in the course of the exercise or performance or
intended exercise or performance of a power, duty or function
under this or any other Act.
[R.S.O. 1990, c.F.31, s.55.]
- Delegation by Commissioner
- 56. (1)
The Commissioner may in writing delegate a power
or duty granted to or vested in the Commissioner to an
officer or officers employed by the Commissioner, except the
power to delegate under this section, subject to such
limitations, restrictions, conditions and requirements as the
Commissioner may set out in the delegation.
- Exception re records under s.12 or 14
The Commissioner shall not delegate to a person other
than an Assistant Commissioner his or her power to require a
record referred to in
to be produced and
[R.S.O. 1990, c.F.31, s.56.]
<== Part III - Protection of Individual Privacy
Part V - General ==>