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What role does an Information or Access Commissioner play?

Access to information legislation provides for an independent Information or Access Commissioner to investigate complaints about rights under the legislation being denied. The powers of the Commissioner vary depending on the jurisdiction.

The federal Information Commissioner, for example, has vigorous investigative powers but lacks the authority to make binding orders to resolve complaints. The Commissioner can make a report and encourage the government institution to disclose the information or otherwise resolve the complaint. On behalf of the person requesting the information, the Commissioner can also ask that the Federal Court of Canada review and resolve complaints.

Commissioners appointed under provincial access to information laws may have wider powers to hear appeals. Each provincial statute must be checked to determine the scope of the Commissioners' powers and duties.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

June 2006
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