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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