A-2.1, r. 6 - Rules of Proof and Procedure before the Commission d’accès à l’information

Updated to 1 September 2012

This document has official status.

chapter A-2.1, r. 6

Rules of Proof and Procedure before the Commission d’accès à l’information

Act respecting Access to documents held by public bodies and the protection of personal information

(chapter A-2.1, s. 137.3).

DIVISION I DEFINITIONS

1. In these Rules:

(1)  “public body” means a body referred to in Chapter I of the Act respecting Access to documents held by public bodies and the protection of personal information (chapter A-2.1);

(2)  “person in charge” means a person in charge of access to documents or of the protection of personal information referred to in section 8 of the Act; and

(3)  “third person” means a third person referred to in sections 25 and 49 of the Act.

O.C. 2058-84, s. 1.

DIVISION II GENERAL PROVISIONS

2. If a time limit expires on a non-juridical day or a Saturday, it is extended to the following juridical day.

O.C. 2058-84, s. 2.

3. No proceeding under this Regulation shall be considered invalid or be dismissed for a formal defect.

O.C. 2058-84, s. 3.

DIVISION III APPLICATION FOR REVIEW

§ 1 . — Submission of application

4. An application for review must contain the full name and address of the applicant and the title of the public concerned. It may state briefly the reasons for which the decision should be reviewed.

O.C. 2058-84, s. 4.

5. An application for review must be accompanied by a copy of the decision of the person in charge; and where he fails to answer an application within the time prescribed by the Act, the application must cite the failure of the person in charge and give the date of the unanswered application for access or correction.

O.C. 2058-84, s. 5.

6. An application for review must be signed by the applicant or his representative, if any. In the latter case, it must indicate the full name and address of the representative.

O.C. 2058-84, s. 6.

7. An application for review is duly submitted where it is filed with or mailed to the Commission d’accès à l’information.

O.C. 2058-84, s. 7.

8. On receipt by the Commission of an application for review, it shall send an acknowledgment to the applicant or his representative, if any, and notify the public body concerned and any third person of such application.

O.C. 2058-84, s. 8.

§ 2 . — Enlargement of time

9. An application to be relieved against a failure to observe the time prescribed in section 135 of the Act must indicate the reasons for which the applicant failed to act sooner.

O.C. 2058-84, s. 9.

10. The said application must contain:

(1)  the particulars and date of event giving rise to the application for review;

(2)  the signature of the applicant or his representative; and

(3)  the name and address of the applicant and of his representative, if any.

O.C. 2058-84, s. 10.

11. The Commission may require any information or document relevant to granting or refusing an application to enlarge time.

O.C. 2058-84, s. 11.

12. The Commission shall grant or refuse an application to enlarge time and notify the parties or their representatives in writing.

O.C. 2058-84, s. 12.

§ 3 . — Consideration of applications

13. The Commission may hold a hearing to give the parties an opportunity to submit their observations.

O.C. 2058-84, s. 13.

14. Before proceeding to a hearing, the Commission may require the parties or their representatives to appear at a preliminary meeting to discuss appropriate means to simplify or shorten the hearing, define the matters in issue and admit facts and documents.

O.C. 2058-84, s. 14.

15. The Commission shall send the parties or their representatives a notice of hearing setting out the time and place therefor. The notice must be sent at least 10 days before the date fixed for the hearing.

O.C. 2058-84, s. 15.

16. If, at the opening of a hearing, one of the parties fails to appear, the Commission may decide on the application for review in the manner it considers most appropriate.

O.C. 2058-84, s. 16.

17. The Commission may grant a postponement or adjournment of a hearing. It may of its own motion defer or adjourn a hearing for cause and on such conditions as it may determine.

O.C. 2058-84, s. 17.

18. Hearings shall be public unless the Commission orders any hearing to proceed in private.

O.C. 2058-84, s. 18.

19. Where an application for review bears on the protection of personal information, the Commission shall proceed in private where it is necessary to avoid releasing information qualifying for protection by the Act.

O.C. 2058-84, s. 19.

20. The Commission may, in the absence of the applicant and in private, examine any document that a public body or third person alleges should be withdrawn from access under a restriction covered by Division II of Chapter II of the Act.

O.C. 2058-84, s. 20.

21. The Commission may, before making its decision, order the reopening of the hearing in accordance with such procedures as it may determine. It shall communicate its order to the parties.

O.C. 2058-84, s. 21.

DIVISION IV PROOF AND SERVICE OF WITNESSES

22. The Commission may admit any form of evidence it considers best serves the ends of justice. It may require the filing of any document it considers necessary.

O.C. 2058-84, s. 22.

23. The Commission may, of its own motion or on application, call any person to appear before it and compel him to testify under oath.

O.C. 2058-84, s. 23.

24. The Commission may, where it considers it expedient, order witnesses to give evidence in the absence of any other witness.

O.C. 2058-84, s. 24.

25. The Commission may pay to any person required to appear before it an indemnity fixed under the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5).

O.C. 2058-84, s. 25.

26. A party may, at his expense and subject to section 20, have the hearing of an application for review recorded mechanically or by shorthand or stenotype.

O.C. 2058-84, s. 26.

DIVISION V DECISIONS

27. The decision of any application for review shall be delivered by the members who have heard it, such decision constituting the decision of the Commission. It shall be in writing and with reasons.

O.C. 2058-84, s. 27.

28. The secretary will keep the original of any decision and shall send a true copy thereof to each party or his representative by registered or certified mail or by any other means providing evidence of the date of receipt.

O.C. 2058-84, s. 28.

DIVISION VI FINAL PROVISION

29. (Omitted).

O.C. 2058-84, s. 29.

REFERENCES

O.C. 2058-84, 1984 G.O. 2, 3475