A-2.1 - Act respecting Access to documents held by public bodies and the Protection of personal information

Updated to 17 December 2006

This document has official status.

chapter A-2.1

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

CHAPTER I APPLICATION AND INTERPRETATION

1. This Act applies to documents kept by a public body in the exercise of its duties, whether it keeps them itself or through the agency of a third party.

This Act applies whether the documents are recorded in writing or print, on sound tape or film, in computerized form, or otherwise.

1982, c. 30, s. 1.

2. This Act does not apply to

(1)  the acts and the register of civil status;

(2)  the registers and other documents kept in registry offices for publication purposes;

(3)  (paragraph replaced);

(3.1)  the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45);

(4)  private archives referred to in section 27 of the Archives Act (chapter A‐21.1).

1982, c. 30, s. 2; 1983, c. 38, s. 54; 1992, c. 57, s. 425; 1993, c. 48, s. 112; 1999, c. 40, s. 3; 2000, c. 42, s. 95.

2.1. Access to documents contained in a file respecting the adoption of a person held by a public body and the protection of the personal information contained in such a file are governed by the Civil Code and other legislation respecting adoption.

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 5 of section 123 and the powers contemplated in subparagraph 2 of the first paragraph of section 127 and in section 128.1.

1987, c. 68, s. 2.

2.2. Access to documents contained in a file held by the Public Curator on a person whom he represents or whose property he administers, and the protection of the personal information contained in such a file, are governed by the Public Curator Act (chapter C-81).

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 6 of section 123 and the powers contemplated in subparagraph 3 of the first paragraph of section 127 and in section 128.1.

1989, c. 54, s. 148.

3. The Government, the Conseil exécutif, the Conseil du Trésor, the government departments and agencies, municipal and school bodies and the health services and social services institutions are public bodies.

For the purposes of this Act, the Lieutenant-Governor, the National Assembly, agencies whose members are appointed by the Assembly and every person designated by the Assembly to an office under its jurisdiction, together with the personnel under its supervision, are classed as public bodies.

The courts within the meaning of the Courts of Justice Act (chapter T-16) are not public bodies.

1982, c. 30, s. 3; 1982, c. 62, s. 143; 1992, c. 21, s. 375.

4. Government agencies include agencies not contemplated in sections 5 to 7 to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act (chapter F‐3.1.1), or whose capital stock forms part of the domain of the State.

For the purposes of this Act, the Public Curator is a Government agency to the extent that he holds documents other than those referred to in section 2.2.

For the purposes of this Act, a person appointed by the Government or a minister, together with the personnel he manages, is, in respect of the exercise of the functions assigned to him by law, by the Government or by the Minister, to be a Government agency.

1982, c. 30, s. 4; 1983, c. 55, s. 161; 1989, c. 54, s. 149; 1990, c. 57, s. 1; 1999, c. 40, s. 3; 2000, c. 8, s. 242.

5. Municipal bodies include

(1)  a municipality, a metropolitan community, an intermunicipal board, a public transit authority and the Kativik Regional Government;

(2)  any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed in the majority of members of the council of a municipality;

(2.1)  any body whose board of directors includes at least one elected municipal officer sitting on the board in that capacity and for which a municipality or a metropolitan community adopts or approves the budget or contributes more than half the financing;

(3)  a mixed enterprise company established under the Act respecting mixed enterprise companies in the municipal sector (chapter S‐25.01) and a similar body established under a private Act, in particular the legal persons constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004.

For the purposes of this Act, a local development centre and a regional conference of elected officers governed by the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M‐30.01) and the Act respecting the Ministère des Affaires municipales et des Régions (chapter M‐22.1), respectively, are classed as municipal bodies.

However, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales are not municipal bodies.

1982, c. 30, s. 5; 1984, c. 42, s. 137; 1985, c. 32, s. 159; 1990, c. 57, s. 2; 1996, c. 2, s. 13; 1997, c. 41, s. 64; 1997, c. 44, s. 92; 1999, c. 40, s. 3; 2000, c. 56, s. 81; 2006, c. 22, s. 2.

6. School bodies include regional school boards, the Comité de gestion de la taxe scolaire de l’île de Montréal, institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M‐25.1.1), general and vocational colleges and the university institutions mentioned in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E‐14.1).

They also include institutions accredited for purposes of subsidies under the Act respecting private education (chapter E‐9.1) and the persons that operate them, as regards the documents held in the performance of their duties relating to the educational services covered by the accreditation and to the management of the resources assigned to those services.

1982, c. 30, s. 6; 1982, c. 62, s. 143; 1988, c. 84, s. 541; 1989, c. 17, s. 1; 1992, c. 68, s. 156, s. 157; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 2002, c. 75, s. 33; 2006, c. 22, s. 3.

7. Health and social services institutions include public institutions governed by the Act respecting health services and social services (chapter S‐4.2), private institutions governed by that Act which operate with sums of money from the consolidated revenue fund, agencies referred to in that Act, the Corporation d’hébergement du Québec and a health communication centre established under the Act respecting pre-hospital emergency services (chapter S‐6.2).

Health and social services institutions also include public institutions governed by the Act respecting health services and social services for Cree Native persons (chapter S‐5), private institutions governed by that Act which operate with sums of money from the consolidated revenue fund and regional health and social services councils established under that Act.

1982, c. 30, s. 7; 1990, c. 57, s. 3; 1992, c. 21, s. 73; 1994, c. 23, s. 23; 1999, c. 34, s. 53; 2002, c. 69, s. 119; 2005, c. 32, s. 308.

8. The person exercising the highest authority in a public body shall perform the duties conferred by this Act on the person in charge of access to documents or of protection of personal information.

However, that person may designate a member of the public body or of its board of directors, as the case may be, or a member of its management staff as the person in charge, and delegate all or part of his duties to him.

The delegation must be made in writing, and the delegator must send a notice of it to the Commission d’accès à l’information.

1982, c. 30, s. 8; 1987, c. 68, s. 3; 2006, c. 22, s. 4.

CHAPTER II ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES

DIVISION I RIGHT OF ACCESS

9. Every person has a right of access, on request, to the documents held by a public body.

The right does not extend to personal notes written on a document or to sketches, outlines, drafts, preliminary notes or other documents of the same nature.

1982, c. 30, s. 9.

10. The right of access to a document may be exercised by examining it on the premises during regular working hours or by remote access.

The applicant may also obtain a copy of the document, unless reproducing it would endanger its preservation or raise serious practical difficulties owing to its form.

At the request of the applicant, computerized documents must be communicated in the form of a written and intelligible transcript.

If the applicant is a handicapped person, reasonable accommodation must be provided on request to enable the applicant to exercise the right of access provided for in this division. For that purpose, the public body must take into account the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

1982, c. 30, s. 10; 1990, c. 57, s. 4; 2001, c. 32, s. 82; 2006, c. 22, s. 5.

11. Access to a document is free of charge.

However, a fee not greater than the cost of transcription, reproduction or transmission of the document may be charged to the applicant.

The amount and the terms of payment of the fee are prescribed by government regulation. The regulation may prescribe the cases where a person is exempt from payment and must be consistent with the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or transmitting a document, inform the applicant of the approximate amount that will be charged to him. In a case of access to more than one document, the transcription or reproduction fee for each document identified must be clearly set out.

1982, c. 30, s. 11; 1987, c. 68, s. 4; 2006, c. 22, s. 6.

12. The exercise of the right of access to a document is subject to the rights respecting intellectual property.

1982, c. 30, s. 12.

13. The right of access to a document produced by or for a public body and having been published or distributed is exercised by examining the document on the premises during regular working hours or by remote access or by procuring enough information to enable the applicant to examine or obtain the document where it is available.

Furthermore, the right of access to a document produced by or for a public body and that is to be distributed or published six months or less after the request for access shall be exercised by an applicant in one or more of the following ways:

(1)  examining the document on the premises during regular working hours or by remote access;

(2)  procuring sufficient information to enable him to examine the document where it is available or to obtain it at the time of its publication or distribution;

(3)  obtaining the document on loan, provided that that does not compromise its publication or distribution.

This section does not limit the right of access to a document distributed in accordance with section 16.1.

1982, c. 30, s. 13; 1990, c. 57, s. 5; 2001, c. 32, s. 83; 2006, c. 22, s. 7.

14. No public body may deny access to a document for the sole reason that it contains certain information that, according to this Act, it must or may refuse to release.

Where a request pertains to a document containing such information, the public body may deny access thereto where the information forms the substance of the document. In other cases, the public body must give access to the requested document after deleting only the information to which access is not authorized.

1982, c. 30, s. 14.

15. The right of access applies only to documents that can be released without requiring computation or comparison of information.

1982, c. 30, s. 15.

16. A public body must classify its documents in such a manner as to allow their retrieval. It must set up and keep up to date a list setting forth the order of classification of the documents. It must be sufficiently precise to facilitate the exercise of the right of access.

The right of access to the list is only exercised by examining it on the premises during working hours or by remote access.

1982, c. 30, s. 16; 2001, c. 32, s. 84.

17. The Commission shall distribute and update an index giving, for each public body, the title, address and telephone number of the person in charge of access to documents and of the person in charge of the protection of personal information.

1982, c. 30, s. 17; 1990, c. 57, s. 6; 2006, c. 22, s. 10.

DIVISION II RESTRICTIONS TO THE RIGHT OF ACCESS

§ 1 . — Information affecting intergovernmental relations

18. The Government or one of its departments may refuse to release information received from a government other than that of Québec, an agency of such a government or an international organization.

Similarly, the Lieutenant-Governor, the Conseil exécutif and the Conseil du trésor may refuse to release the information described.

1982, c. 30, s. 18.

19. A public body may refuse to release information if its disclosure would likely be detrimental to relations between the Gouvernement du Québec and another government or an international organization.

1982, c. 30, s. 19.

§ 2 . — Information affecting negotiations between public bodies

20. A public body may refuse to release information if its disclosure would likely hamper negotiations in progress with another public body in a field within their competence.

1982, c. 30, s. 20.

§ 3 . — Information affecting the economy

21. A public body may refuse to release or to confirm the existence of information if, as a result of its disclosure, borrowings, proposed borrowings, transactions or proposed transactions relating to property, services or works, a proposed tariffing, taxation or imposition of dues, or proposed amendments to taxes or dues would be revealed, where such disclosure would likely

(1)  unduly benefit or seriously harm a person, or

(2)  have a serious adverse effect on the economic interests of the public body or group of persons under its jurisdiction.

1982, c. 30, s. 21.

22. A public body may refuse to release an industrial secret that it owns.

It may also refuse to release other industrial, financial, commercial, scientific or technical information that it owns if its disclosure would likely hamper negotiations in view of a contract, or result in losses for the body or in considerable profit for another person.

A public body established for industrial, commercial or financial management purposes may also refuse to release such information if its disclosure would likely substantially reduce its competitive margin or reveal a loan, investment, debt management or fund management proposal or a loan, investment, debt management or fund management strategy.

1982, c. 30, s. 22; 2006, c. 22, s. 11.

23. No public body may release industrial secrets of a third person or confidential industrial, financial, commercial, scientific, technical or union information supplied by a third person and ordinarily treated by a third person as confidential, without his consent.

1982, c. 30, s. 23.

24. No public body may release information supplied by a third person if its disclosure would likely hamper negotiations in view of a contract, result in losses for the third person or in considerable profit for another person or substantially reduce the third person’s competitive margin, without his consent.

1982, c. 30, s. 24.

25. A public body, before releasing industrial, financial, commercial, scientific, technical or union information supplied by a third person, must give him notice, in accordance with section 49, of the release to enable him to submit his observations unless the information was supplied under an Act that provides for the release of information, or unless the third person has waived the notice by consenting to the release of the information or otherwise.

1982, c. 30, s. 25; 2006, c. 22, s. 12.

26. (Repealed).

1982, c. 30, s. 26; 2006, c. 22, s. 13.

27. If, as the likely result of the disclosure of information, a mandate or a strategy concerning the negotiation of a collective agreement or a contract would be revealed, a public body may refuse to release the information, for a period of eight years from the opening of the negotiations.

A public body may also refuse to release, for a period of ten years from its date, a study prepared for the purposes of taxation, tariffing or the imposition of dues.

1982, c. 30, s. 27.

§ 4 . — Information affecting the administration of justice and public security

28. A public body must refuse to release or to confirm the existence of information contained in a document that it keeps in the exercise of a duty provided for by law involving the prevention, detection or repression of crime or statutory offences, or that it keeps for the purpose of cooperating with a person or body responsible for such a duty, if its disclosure would likely

(1)  impede the progress of proceedings before a person or body carrying on adjudicative functions;

(2)  hamper a future or current investigation or an investigation that may be reopened;

(3)  reveal a method of investigation, a confidential source of information, or a program or plan of action designed to prevent, detect or repress crime or statutory offences;

(4)  endanger the safety of a person;

(5)  cause prejudice to the person who is the source or the subject of the information;

(6)  reveal the components of a communications system intended for the use of a person responsible for law enforcement;

(7)  reveal information transmitted in confidence by a police force having jurisdiction outside Québec;

(8)  facilitate the escape of a prisoner; or

(9)  prejudice the fair hearing of a person’s case.

The same applies to a public body that may be designated by regulation of the Government in accordance with the standards provided for therein, in respect of information obtained by the body through its internal security service in the course of an investigation conducted by such service to prevent, detect or repress crime or statutory offences that may be or have been committed within that body by its members, the members of its board of directors or of its personnel or the members of its agents or mandataries, if the disclosure of such information would likely entail one of the consequences set out in subparagraphs 1 to 9 of the first paragraph.

1982, c. 30, s. 28; 1990, c. 57, s. 7; 2006, c. 22, s. 14.

28.1. A public body must refuse to release or confirm the existence of information if disclosure would jeopardize state security.

2006, c. 22, s. 15.

29. A public body must refuse to release or to confirm the existence of information concerning a method or a weapon that is likely to be used to commit a crime or a statutory offence.

A public body must also refuse to release or to confirm the existence of information if disclosure would impair the efficiency of a program, plan of action or security system designed for the protection of persons or property.

1982, c. 30, s. 29; 2006, c. 22, s. 16.

29.1. Every decision rendered by a public body in the performance of its adjudicative functions is public.

A public body must, however, refuse to release information contained in the decision where the decision prohibits the release of the information on the ground that it was obtained when the body was holding a sitting in camera, where the body issued, in respect of the information, an order not to disclose, publish or distribute, or where the release of the information would reveal information the release or the confirmation of the existence of which must be refused under this Act.

A public body must also refuse to release information that would likely reveal the substance of deliberations related to the performance of adjudicative functions.

1985, c. 30, s. 2; 1990, c. 57, s. 8; 2006, c. 22, s. 17.

§ 5 . — Information affecting administrative or political decisions

30. The Conseil exécutif may refuse to release or to confirm the existence of an order whose publication is deferred under the Executive Power Act (chapter E‐18). It may do the same with regard to a decision resulting from its deliberations or a decision of one of its cabinet committees, until the day that is 25 years after the date on which it was made.

Subject to the Public Administration Act (chapter A‐6.01), the Conseil du trésor may refuse to release or to confirm the existence of its decisions until the day that is 25 years after the date on which they were made.

1982, c. 30, s. 30; 2000, c. 8, s. 250; 2006, c. 22, s. 18.

30.1. A public body may refuse to release or to confirm the existence of information if, as a result of its disclosure, a budget policy of the Government would be revealed before it is made public by the Minister of Finance.

2006, c. 22, s. 19.

31. A public body may refuse to disclose a legal opinion concerning the application of the law to a particular case, or the constitutionality or validity of legislative or regulatory provisions, or a preliminary or final draft of a bill or regulations.

1982, c. 30, s. 31.

32. A public body may refuse to disclose a study if its disclosure might well affect the outcome of judicial proceedings.

1982, c. 30, s. 32.

33. In no case may the following information be released before the expiry of 25 years from its date:

(1)  communications from the Conseil exécutif to one of its members, the Conseil du trésor or a cabinet committee, unless the Conseil exécutif decides otherwise;

(2)  communications from a member of the Conseil exécutif to another member of the Conseil, unless the author decides otherwise;

(3)  recommendations from the Conseil du trésor or a cabinet committee to the Conseil exécutif, unless the author or the person receiving them decides otherwise;

(4)  recommendations from a member of the Conseil exécutif to the Conseil exécutif, to the Conseil du trésor or to a cabinet committee, unless the author or the person receiving them decides otherwise;

(5)  studies made within the Ministère du Conseil exécutif or the office of the secretary of the Conseil du trésor regarding a recommendation or request made by a minister, a cabinet committee or a public body, or regarding a document contemplated in section 36;

(6)  records or reports of the deliberations of the Conseil exécutif or a cabinet committee;

(7)  a list of titles of documents containing recommendations to the Conseil exécutif or the Conseil du trésor;

(8)  the agenda of a meeting of the Conseil exécutif, the Conseil du trésor or a cabinet committee.

The first paragraph applies with the necessary modifications to the records of the deliberations of the executive committee of a municipal body, to the recommendations made to it by its members, and to communications among its members.

1982, c. 30, s. 33; 2006, c. 22, s. 20.

34. No person may have access to a document from the office of a member of the National Assembly or a document produced for that member by the services of the Assembly, unless the member deems it expedient.

The same applies to a document from the office of the President of the Assembly or of a member of the Assembly contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or a minister contemplated in section 11.5 of the Executive Power Act (chapter E-18), and to a document from the office staff or office of a member of a municipal or school body.

1982, c. 30, s. 34; 1982, c. 62, s. 143; 1983, c. 55, s. 132; 1984, c. 47, s. 1.

35. A public body may refuse to disclose the records of the deliberations of a meeting of its board of directors or, as the case may be, of its members in the performance of their duties until the expiry of fifteen years from their date.

1982, c. 30, s. 35.

36. A public body may refuse to release a preliminary draft of a bill or regulations until the expiry of ten years from its date.

Subject to subparagraph 5 of the first paragraph of section 33, the same applies to studies directly relating to the draft bill or draft regulation, unless the draft bill has been tabled in the National Assembly or the draft regulation has been made public in accordance with the law.

1982, c. 30, s. 36; 1982, c. 62, s. 143.

37. A public body may refuse to disclose a recommendation or opinion presented less than ten years earlier, and obtained from one of its members, a member of its personnel, a member of another public body or a member of the personnel of the other public body, in the discharge of his duties.

A public body may also refuse to disclose a recommendation or opinion presented, at its request, by a consultant or an adviser less than ten years earlier on a matter within its jurisdiction.

1982, c. 30, s. 37.

38. A public body may refuse to disclose a recommendation or opinion made by an agency under its jurisdiction or made by it to another public body until the final decision on the subject matter of the recommendation or opinion is made public by the authority having jurisdiction.

The same applies to a minister regarding a recommendation or opinion made to him by an agency under his authority.

1982, c. 30, s. 38.

39. A public body may refuse to disclose a study prepared in connection with a recommendation made within a decision making process until a decision is made on the recommendation or, if no decision is made, until five years have elapsed from the date the study was made.

1982, c. 30, s. 39.

40. A public body may refuse to disclose a test intended for the comparative appraisal of a person’s knowledge, aptitudes, competence or experience, until the test is no longer used.

1982, c. 30, s. 40; 2006, c. 22, s. 21.

§ 6 . — Information affecting auditing

41. The Auditor General or a person carrying out an auditing function in or for a public body may refuse to release or confirm the existence of information the disclosure of which would be likely to

(1)  hamper an audit in progress;

(2)  reveal an auditing program or operation plan;

(3)  reveal a confidential source of information regarding an audit; or,

(4)  seriously impair the power of appraisal granted to the Auditor General pursuant to sections 38, 39, 40, 42, 43, 43.1 and 45 of the Auditor General Act (chapter V‐5.01).

1982, c. 30, s. 41; 1985, c. 38, s. 82; 2006, c. 3, s. 18.

§ 7 . — Inapplicable restrictions

2006, c. 22, s. 22.

41.1. The restrictions set out in this division, except those described in sections 28, 28.1, 29, 30, 33, 34 and 41, do not apply to information that reveals or confirms the existence of an immediate hazard to the life, health or safety of a person or a serious or irreparable violation of the right to environmental quality, unless its disclosure would likely seriously interfere with measures taken to deal with such a hazard or violation.

Those restrictions, except the restriction set out in section 28 and, in the case of a document filed by or for the Auditor General, the restriction set out in section 41, do not apply to information concerning the quantity, quality or concentration of contaminants emitted, released, discharged or deposited by a source of contamination, or concerning the presence of a contaminant in the environment.

In the case of information supplied by a third person and referred to in the first paragraph, the person in charge must give that third person notice of a decision granting access to the information. The decision is executory despite section 49.

2006, c. 22, s. 22.

41.2. A public body may release information to which a restriction of the right of access under section 23, 24, 28, 28.1 or 29 applies in the following cases:

(1)  to its attorney if the information is necessary to prosecute an offence under an Act administered by the body, or to the Director of Criminal and Penal Prosecutions if the information is necessary to prosecute an offence under an Act applicable in Québec;

(2)  to its attorney, or to the Attorney General if the latter is acting as the body’s attorney, if the information is necessary for the purposes of judicial proceedings other than those referred to in paragraph 1;

(3)  to a body responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence under an Act applicable in Québec;

(4)  to a person or body if the release of information is necessary for the application of an Act in Québec, whether or not the law explicitly provides for the release of the information;

(5)  to a public body, in the case of information referred to in section 23 or 24, if the release of information is necessary for the purposes of a service to be provided to a third person; and

(6)  to a person or body if the release of information is necessary for carrying out a mandate or performing a contract for work or services entrusted to that person or body by the public body.

In the case referred to in subparagraph 6 of the first paragraph, the public body must

(1)  see that the mandate or contract is in writing; and

(2)  specify in the mandate or contract which provisions of this Act apply to the information released to the mandatary or the person performing the contract, and the measures to be taken by the mandatary or person to ensure that the information is not used except for carrying out the mandate or performing the contract and that it is not kept by the person or body after the expiry of the mandate or contract.

The second paragraph does not apply if the mandatary or person performing the contract is a member of a professional order. Subparagraph 2 of the second paragraph does not apply if the mandatary or person performing the contract is another public body.

In addition, a police force may release to another police force information to which a restriction to the right of access set out in section 23, 24, 28, 28.1 or 29 applies.

However, the application of this section must not reveal a confidential source of information or the industrial secrets of a third person.

2006, c. 22, s. 22.

41.3. If information referred to in section 23 or 24 is released under the first paragraph of section 41.2, the person in charge of access to documents within the public body must record the release in a register the person keeps for that purpose.

2006, c. 22, s. 22.

DIVISION III ACCESS PROCEDURE

42. To be receivable, a request for access to a document must be sufficiently precise to allow the document to be located.

If the request is not sufficiently precise or if a person requires it, the person in charge must assist in identifying the document likely to contain the information sought.

1982, c. 30, s. 42; 2006, c. 22, s. 23.

43. A request for access may be made in writing or orally.

The request must be addressed to the person in charge of access to documents within the public body.

If the written request is addressed to the person exercising the highest authority within the public body, he must transmit it with diligence to the person in charge designated by him under section 8, where such is the case.

1982, c. 30, s. 43.

44. (Repealed).

1982, c. 30, s. 44; 1990, c. 57, s. 9; 2006, c. 22, s. 24.

45. The person in charge must inform the person who makes an oral request that he may make a written request and that only a decision on a written request may be reviewed under this Act.

1982, c. 30, s. 45.

46. The person in charge must give the person making a written request notice of the date his request is received.

The notice must be in writing. It must indicate the prescribed time for the processing of the request and the effect under this Act of failure by the person in charge to respect it. It must also inform the applicant of the proceeding for review provided for in Division III of Chapter IV.

1982, c. 30, s. 46; 2006, c. 22, s. 25.

47. The person in charge must, promptly and not later than twenty days from the date the request was received,

(1)  grant access to the document, which may then be accompanied with information on the circumstances in which it was produced;

(1.1)  grant access to the document by providing reasonable accommodation, if the applicant is a handicapped person;

(2)  inform the applicant of the special conditions, if any, to which access is subject;

(3)  inform the applicant that the agency is not in possession of the requested document or that full or partial access to the document cannot be granted to him;

(4)  inform the applicant that his request should more appropriately be transferred to another public body or that it concerns a document filed by or for another public body;

(5)  inform the applicant that the existence of the requested information cannot be confirmed;

(6)  inform the applicant that the document concerned is a document to which Chapter II of this Act does not apply by virtue of the second paragraph of section 9;

(7)  inform the applicant that a third person concerned by the request cannot be notified by mail but will be informed by a public notice; or

(8)  inform the applicant that the body is requesting the Commission to disregard the applicant’s request in accordance with section 137.1.

If the request cannot be processed within the time limit provided in the first paragraph without impeding the normal course of operations of the public body, the person in charge may, before the expiry of the time, extend it by not over 10 days. He must then give notice thereof by mail to the applicant within the time limit provided in the first paragraph.

1982, c. 30, s. 47; 2006, c. 22, s. 26.

48. Where a request referred to the person in charge should, in his opinion, more appropriately be transferred to another public body or concerns a document filed by or for another public body, the person in charge must, within the time limit provided in the first paragraph of section 47, indicate to the applicant the competent body and the name of the person in charge of access to documents in that body, and give him the particulars provided for in section 45 or in the second paragraph of section 46, as the case may be.

Where the request is made in writing, the indications must be communicated in writing.

1982, c. 30, s. 48.

49. Where the person in charge must give the third person the notice required in section 25, he must do so by mail within 20 days from the date the request was received and provide him with an opportunity to submit written observations. He must also inform the applicant of the notice and indicate to him the time limits provided in this section.

If the person in charge does not succeed in notifying a third person by mail after taking reasonable steps to do so, the third person may be notified in another manner, such as by public notice in a newspaper in the place where the last known address of the third person is located. If there is more than one third person and more than one notice is required, all third persons are deemed to have been notified only once all the notices have been published.

The third person concerned may submit his observations within 20 days of being informed of the intention of the person in charge. If he fails to do so within the time limit, he is deemed to have consented to granting access to the document.

The person in charge must give notice of his decision by mail to the applicant and the third person concerned within 15 days of presentation of the observations, or of expiry of the period prescribed for presentation. If the person in charge has given public notice, a notice of the decision need only be sent to the third person who submitted written observations. Where the decision grants access to the documents, it is executory on the expiry of 15 days from the date the notice was mailed.

1982, c. 30, s. 49; 2006, c. 22, s. 27.

50. The person in charge must give the reasons for any refusal to disclose information, and indicate the provision of the Act on which the denial is based.

1982, c. 30, s. 50.

51. Where the request is in writing, the decision is made in writing by the person in charge, and a copy thereof is sent to the applicant, and, if such is the case, to the third person who submitted observations in accordance with section 49.

The decision must be accompanied by the text of the provision on which the refusal is based, where applicable, and a notice of the proceeding for review provided for in Division III of Chapter IV, indicating in particular the time limit within which it may be exercised.

1982, c. 30, s. 51; 2006, c. 22, s. 28.

52. On failure to give effect to a request for access within the applicable time limit, the person in charge is deemed to have denied access to the document. In the case of a written request, the failure gives rise to review proceedings as provided for in Division III of Chapter IV, as in the case of a denial of access.

1982, c. 30, s. 52.

52.1. The person in charge must see to it that every document that has been the subject of a request for access be kept for as long as is required to enable the applicant to exhaust the recourses provided in this Act.

1990, c. 57, s. 10.

CHAPTER III PROTECTION OF PERSONAL INFORMATION

DIVISION I CONFIDENTIALITY OF PERSONAL INFORMATION

2006, c. 22, s. 110.

53. Personal information is confidential, except in the following cases:

(1)  the person to whom the information relates consents to its disclosure; in the case of a minor, consent may also be given by the person having parental authority;

(2)  where it relates to information obtained by a public body in the performance of an adjudicative function; the information remains confidential, however, if the body obtained it when holding a sitting in camera or if the information is contemplated by an order not to disclose, publish or distribute.

1982, c. 30, s. 53; 1985, c. 30, s. 3; 1989, c. 54, s. 150; 1990, c. 57, s. 11; 2006, c. 22, s. 29.

54. In any document, information concerning a natural person which allows the person to be identified is personal information.

1982, c. 30, s. 54; 2006, c. 22, s. 110.

55. Personal information which, by law, is public is not subject to the rules for the protection of personal information set out in this chapter.

However, a public body that holds a file containing such information may refuse access to all or part of it or allow it to be examined only on the premises if the person in charge has reasonable cause to believe that the information will be used for unlawful ends.

1982, c. 30, s. 55; 2006, c. 22, s. 30.

56. The name of a natural person is not personal information, except where it appears in conjunction with other information concerning him, or where the mere mention of his name would disclose personal information concerning him.

1982, c. 30, s. 56; 2006, c. 22, s. 110.

57. The following personal information is public information:

(1)  the name, title, duties, classification, salary, address and telephone number at work of a member, the board of directors or the management personnel of a public body and those of the deputy minister, the assistant deputy ministers and the management personnel of a government department;

(2)  the name, title, duties, address and telephone number at work and classification, including the salary scale attached to the classification, of a member of the personnel of a public body;

(3)  information concerning a person as a party to a service contract entered into with a public body, and the terms and conditions of the contract;

(4)  the name and address of a person deriving an economic benefit granted by a public body by virtue of a discretionary power, and any information on the nature of that benefit;

(5)  the name and address of the establishment of the holder of a permit issued by a public body and which is required by law to be held for the carrying on of an activity, the practice of a profession or the operation of a business.

However, the personal information contemplated in the first paragraph is not public information where its disclosure would be likely to hinder or impede the work of a body responsible under the law for the prevention, detection or repression of crime. Similarly, the personal information contemplated in subparagraphs 3 and 4 of the first paragraph is not public information to the extent that its release would reveal other information whose release must or may be refused under Division II of Chapter II.

Moreover, in no case may the personal information contemplated in subparagraph 2 of the first paragraph result in the disclosure of the salary of a member of the personnel of a public body.

1982, c. 30, s. 57; 1985, c. 30, s. 4; 1990, c. 57, s. 12; 1999, c. 40, s. 3; 2006, c. 22, s. 31.

58. The sole fact that a signature is affixed at the bottom of a document does not make the information shown therein personal.

1982, c. 30, s. 58; 2006, c. 22, s. 110.

59. A public body shall not release personal information without the consent of the person concerned.

Notwithstanding the foregoing, a public body may release personal information without the consent of the person concerned in the following cases and strictly on the following conditions:

(1)  to the attorney of that body if the information is necessary to prosecute an offence against an Act administered by that body or to the Attorney General, if the information is necessary to prosecute an offence against an Act applicable in Québec;

(2)  to the attorney of that body, or to the Attorney General where he is acting as the attorney of that body, if the information is necessary for purposes of judicial proceedings other than those contemplated in paragraph 1;

(3)  to a body responsible by law for the prevention, detection or repression of crime or statutory offences, if the information is necessary to prosecute an offence against an Act applicable in Québec;

(4)  to a person to whom the information must be disclosed because of the urgency of a situation that threatens the life, health or safety of the person concerned;

(5)  to a person authorized by the Commission d’accès à l’information, in accordance with section 125, to use the information for study, research or statistics purposes;

(6)  (paragraph repealed);

(7)  (paragraph repealed);

(8)  to a person, body or agency, in accordance with sections 61, 66, 67, 67.1, 67.2, 68 and 68.1;

(9)  to a person involved in an incident that has been the subject of a report by a police force or by a person or body acting in conformity with an Act that requires a report of the same nature; in the case of information on the identity of any other person involved in the incident, except a witness, an informer or a person whose health or safety could be endangered by the release of such information.

1982, c. 30, s. 59; 1983, c. 38, s. 55; 1984, c. 27, s. 1; 1985, c. 30, s. 5; 1987, c. 68, s. 5; 1990, c. 57, s. 13; 2006, c. 22, s. 32, s. 177.

59.1. In addition to the cases referred to in section 59, a public body may also release personal information, without the consent of the persons concerned, in order to prevent an act of violence, including suicide, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.

The information may in such case be released to any person exposed to the danger or that person’s representative, and to any person who can come to that person’s aid.

The person exercising the highest authority in the public body must, by a directive, determine the terms and conditions according to which the information may be released by the personnel of the body. The personnel is required to comply with the directive.

2001, c. 78, s. 1; 2006, c. 22, s. 110.

60. Before releasing personal information pursuant to paragraphs 1 to 3 of section 59, a public body must ascertain that the information is necessary for the purposes of a prosecution or proceedings contemplated in the said paragraphs.

In the case contemplated in paragraph 4 of the said section, the body must, similarly, ascertain that an urgent and dangerous situation exists.

Where a public body has not ascertained that the information is necessary for such purposes or, where such is the case, that an urgent and dangerous situation exists, the public body must refuse to release the information.

Where a public body releases personal information following a request made pursuant to paragraphs 1 to 4 of section 59, the person in charge of the protection of personal information within the public body must record the fact.

1982, c. 30, s. 60; 2006, c. 22, s. 33.

60.1. The public body that releases information pursuant to section 59.1 may only release such information as is necessary to achieve the purposes for which the information is released.

Where information is so released, the person in charge of the protection of personal information within the public body must record the release in a register kept by the person for that purpose.

2001, c. 78, s. 2.

61. A police force may, without the consent of the person concerned, release personal information to another police force.

1982, c. 30, s. 61; 2006, c. 22, s. 110.

61.1. (Repealed).

1984, c. 27, s. 2; 1985, c. 30, s. 6.

62. Every person qualified to receive personal information within a public body has access to personal information without the consent of the person concerned where such information is necessary for the discharge of his duties.

Moreover, the person must belong to one of the categories of persons referred to in subparagraph 4 of the second paragraph of section 76 or in subparagraph 5 of the first paragraph of section 81.

1982, c. 30, s. 62; 1990, c. 57, s. 14; 2006, c. 22, s. 110.

63. (Repealed).

1982, c. 30, s. 63; 1985, c. 30, s. 7.

DIVISION II COLLECTION, USE, RELEASE AND KEEPING OF PERSONAL INFORMATION

2006, c. 22, s. 34.

63.1. A public body must take the security measures necessary to ensure the protection of the personal information collected, used, released, kept or destroyed and that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.

2006, c. 22, s. 34.

64. No person may, on behalf of a public body, collect personal information if it is not necessary for the exercise of the rights and powers of the body or the implementation of a program under its management.

A public body may, however, collect personal information if it is necessary for the exercise of the rights and powers or for the implementation of a program of a public body with which it cooperates to provide services or to pursue a common mission.

The information referred to in the second paragraph is collected under a written agreement that is sent to the Commission. The agreement comes into force 30 days after it is received by the Commission.

1982, c. 30, s. 64; 2006, c. 22, s. 35.

65. A person who collects personal information verbally from the person to whom it relates on behalf of a public body must introduce himself and, when information is first collected and subsequently on request, inform that person

(1)  of the name and address of the public body on whose behalf the information is being collected;

(2)  of the purposes for which the information is collected;

(3)  of the categories of persons who will have access to the information;

(4)  of the fact that a reply is obligatory, or that it is optional;

(5)  of the consequences for the person concerned or, as the case may be, for the third person, in case of a refusal to reply;

(6)  of the rights of access and correction provided by law.

The information that must be given under subparagraphs 1 to 6 of the first paragraph must appear on any written document used to obtain personal information.

If personal information is collected from a third person, the person collecting it must introduce himself and give the third person the information referred to in subparagraphs 1, 5 and 6 of the first paragraph.

Notwithstanding the foregoing, a person duly authorized by a public body which holds files respecting the adoption of persons and collects information relating to the antecedents of a person referred to in any of such files or permitting to locate a parent or an adopted person is not required to inform the person concerned or the third person of the use to which the information will be put nor the categories of persons who will have access to it.

This section does not apply to judicial inquiries or to any investigation or report made by a body responsible by law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 65; 1990, c. 57, s. 15; 2006, c. 22, s. 36.

65.1. Personal information may not be used within a public body except for the purposes for which it was collected.

A public body may, however, use such information for another purpose with the consent of the person to whom it relates, or without that consent, but only

(1)  if the information is used for purposes consistent with the purposes for which it was collected;

(2)  if the information is clearly used for the benefit of the person to whom it relates; or

(3)  if the information is necessary for the application of an Act in Québec, whether or not the law explicitly provides for its use.

In order for a purpose to be consistent within the meaning of subparagraph 1 of the second paragraph, it must have a direct and relevant connection with the purposes for which the information was collected.

If information is used in one of the cases referred to in subparagraphs 1 to 3 of the second paragraph, the person in charge of the protection of personal information within the body must record the use in the register provided for in section 67.3.

2006, c. 22, s. 37.

66. A public body may release information on the identity of a person without the person’s consent in order to collect personal information already assembled by a person or a private body. The public body shall first inform the Commission of its intention.

1982, c. 30, s. 66; 2006, c. 22, s. 38.

67. A public body may, without the consent of the person concerned, release personal information to any person or body if the information is necessary for the application of an Act in Québec, whether or not the law explicitly provides for the release of the information.

1982, c. 30, s. 67; 1984, c. 27, s. 3; 1985, c. 30, s. 8; 2006, c. 22, s. 39.

67.1. A public body may, without the consent of the person concerned, release personal information to any person or body if the information is necessary for the carrying out of a collective agreement, order, directive or regulation establishing conditions of employment.

1985, c. 30, s. 8; 2006, c. 22, s. 110.

67.2. A public body may, without the consent of the person concerned, release personal information to any person or body if the information is necessary for carrying out a mandate or performing a contract for work or services entrusted to that person or body by the public body.

In that case, the public body must

(1)  see that the mandate or contract is in writing; and

(2)  specify in the mandate or contract which provisions of this Act apply to the information released to the mandatary or the person performing the contract, as well as the measures to be taken by the mandatary or person to ensure the confidentiality of the information and to ensure that the information is used only for carrying out the mandate or performing the contract and that it is not kept after the expiry of the mandate or contract. Moreover, before releasing the information, the public body must obtain a confidentiality agreement from every person to whom the information may be released unless the person in charge of the protection of personal information does not consider it necessary. A person or body carrying out a mandate or performing a contract for services referred to in the first paragraph must notify the person in charge without delay of any violation or attempted violation of an obligation concerning the confidentiality of the information released, and must also allow the person in charge to verify compliance with confidentiality requirements.

The second paragraph does not apply if the mandatary or person performing the contract is a member of a professional order. Subparagraph 2 of the second paragraph does not apply if the mandatary or person performing the contract is another public body.

1985, c. 30, s. 8; 1990, c. 57, s. 16; 1994, c. 40, s. 457; 2006, c. 22, s. 40.

67.3. A public body must record in a register every release of personal information referred to in sections 66, 67, 67.1, 67.2, 68 and 68.1, except that required by a person or body for posting to the account of a member of a public body, its board of directors or its personnel an amount required by law to be withheld or paid..

A public body must also record in the register an agreement on the collection of personal information referred to in the third paragraph of section 64, as well as the use of personal information for purposes other than those for which it was collected, referred to in subparagraphs 1 to 3 of the second paragraph of section 65.1.

In the case of a release of personal information referred to in the first paragraph, the register must include

(1)  the nature or type of the information released;

(2)  the person or body to which the information is released;

(3)  the purpose for which the information is released and, if applicable, a statement to the effect that it is a release of personal information referred to in section 70.1; and

(4)  the reason justifying the release.

In the case of an agreement on the collection of personal information, the register must include

(1)  the name of the body for which the information is collected;

(2)  the identification of the program, right or power for which the information is necessary;

(3)  the nature or type of service to be provided or mission;

(4)  the nature or type of information collected;

(5)  the purpose for which the information is collected; and

(6)  the category of person within the body collecting the information and within the receiving body that has access to the information.

In the case of personal information used for a purpose other than that for which it was collected, the register must include

(1)  the subparagraph of the second paragraph of section 65.1 that allows the use;

(2)  in the case referred to in subparagraph 3 of the second paragraph of section 65.1, the provision of the Act that makes the information necessary; and

(3)  the category of person that has access to the information for the purpose stated.

1985, c. 30, s. 8; 1990, c. 57, s. 17; 2006, c. 22, s. 41.

67.4. Every person has a right of access, on request, to the register kept by a public body under section 67.3, except as regards information confirmation of the existence of which may be refused under sections 21, 28, 28.1, 29, 30, 30.1 and 41.

The right is exercised in accordance with the modalities provided in section 10.

1985, c. 30, s. 8; 2006, c. 22, s. 42.

68. A public body may, without the consent of the person concerned, release personal information

(1)  to a public body or an agency of another government if it is necessary for the exercise of the rights and powers of the receiving body or the implementation of a program under its management;

(1.1)  to a public body or an agency of another government if it is clearly for the benefit of the person to whom it relates;

(2)  to a person or a body where exceptional circumstances justify doing so;

(3)  to a person or body if it is necessary for the purposes of a service to be provided to the person concerned by a public body, in particular for identifying the person.

The information is released under a written agreement that indicates

(1)  the identity of the public body releasing the information and of the person or body collecting it;

(2)  the purposes for which the information is released;

(3)  the nature of the information released;

(4)  the method of transmitting the information;

(5)  the security measures necessary to ensure the protection of the information;

(6)  the intervals at which the information is released; and

(7)  the duration of the agreement.

1982, c. 30, s. 68; 1985, c. 30, s. 8; 2006, c. 22, s. 43.

68.1. A public body may, without the consent of the person concerned, release a personal information file for the purpose of comparing it with a file held by a person or body if the information is necessary for the application of an Act in Québec, whether or not the law explicitly provides for its release.

If the law does not explicitly provide for the release, the information is released under a written agreement.

If the law explicitly provides for the release, the information is released under a written agreement that is sent to the Commission. The agreement comes into force 30 days after it is received by the Commission.

1985, c. 30, s. 8; 2006, c. 22, s. 44.

69. (Repealed).

1982, c. 30, s. 69; 1985, c. 30, s. 9; 2006, c. 22, s. 45.

70. An agreement referred to in section 68 or in the second paragraph of section 68.1 must be submitted to the Commission for an opinion.

The Commission must consider

(1)  whether the agreement conforms to the conditions set out in section 68 or 68.1; and

(2)  the impact of the release of the information on the privacy of the person concerned compared with the need for the information of the body or person given access to it.

The Commission must give an opinion with reasons within 60 days of receiving the request for an opinion accompanied by the agreement. If the request is amended during that period, the time limit runs from the most recent request. If it is the chair’s belief that the request for an opinion cannot be processed within that time without impeding the normal course of operations of the Commission, the chair may, before the expiry of the time limit, extend it by up to 20 days. The chair must give notice to that effect to the parties to the agreement within the 60-day time limit.

The agreement comes into force on the Commission’s giving a favourable opinion or on any later date provided in the agreement. The Commission must make the agreement and its opinion public. Failing an opinion within the time provided, the parties to the agreement are authorized to carry out the agreement.

If the Commission gives an unfavourable opinion, the Government may, on request, approve the agreement and set the applicable conditions. Before approving the agreement, the Government shall publish it in the Gazette officielle du Québec together with any conditions it intends to set and a notice that it may approve the agreement on the expiry of 30 days after the publication, and that, meanwhile, any interested person may send comments to the person designated in the notice. The agreement comes into force on the day of its approval or any later date set by the Government or specified in the agreement.

The agreement referred to in the fifth paragraph, together with the opinion of the Commission and the approval of the Government, are tabled in the National Assembly within 30 days of the approval if the Assembly is sitting or, if it is not sitting, within 30 days of resumption. The Government may revoke an agreement referred to in the fifth paragraph at any time.

1982, c. 30, s. 70; 1982, c. 62, s. 143; 1985, c. 30, s. 10; 1990, c. 57, s. 18; 2006, c. 22, s. 46.

70.1. Before releasing personal information outside Québec or entrusting a person or a body outside Québec with the task of holding, using or releasing such information on its behalf, a public body must ensure that the information receives protection equivalent to that afforded under this Act.

If the public body considers that the information referred to in the first paragraph will not receive protection equivalent to that afforded under this Act, it must refuse to release the information or refuse to entrust a person or a body outside Québec with the task of holding, using or releasing it on its behalf.

2006, c. 22, s. 47.

DIVISION III ESTABLISHMENT AND MAINTENANCE OF FILES

§ 1 . — Personal information files

71. Every public body shall file, in a personal information file established in accordance with this subdivision, all personal information

(1)  that is identified or presented in such a manner as to be retrievable by reference to the name of a person or to a sign or symbol identifiable with that person, or

(2)  that has been or is intended to be used by it in making a decision concerning a person.

1982, c. 30, s. 71; 2006, c. 22, s. 110.

72. Every public body must see to it that the personal information kept by it is up to date, accurate and complete so as to serve the purposes for which it is collected or used.

1982, c. 30, s. 72; 2006, c. 22, s. 48.

73. When the purposes for which personal information was collected or used have been achieved, the public body must destroy the information, subject to the Archives Act (chapter A‐21.1) or the Professional Code (chapter C‐26).

1982, c. 30, s. 73; 1983, c. 38, s. 56; 2006, c. 22, s. 49.

The words “or the Professional Code” come into force on 14 September 2007 (2006, c. 22, s. 183, par. 6).

74. (Repealed).

1982, c. 30, s. 74; 1990, c. 57, s. 19.

75. (Repealed).

1982, c. 30, s. 75; 1990, c. 57, s. 19.

76. A public body must establish and keep up to date an inventory of its personal information files.

The inventory must contain the following information:

(1)  the title of each file, the classes of information it contains, the purposes for which the information is kept and the method used to manage each file;

(2)  the source of the information entered in each file;

(3)  the categories of persons to whom the information entered in each file relates;

(4)  the categories of persons who have access to each file in carrying out their duties; and

(5)  the security measures taken to ensure the protection of personal information.

A person has a right of access to the inventory on request, except as regards information confirmation of the existence of which may be refused under this Act.

1982, c. 30, s. 76; 1990, c. 57, s. 20; 2006, c. 22, s. 50.

77. (Repealed).

1982, c. 30, s. 77; 2006, c. 22, s. 51.

78. Sections 64 to 77 do not apply to the processing of personal information collected and used as a working tool by a natural person, to the extent that the information is not disclosed to any person other than the person concerned or to a body other than that to which he belongs, and that it is used judiciously.

The same rule applies to the processing of personal information collected by a natural person and which is used by him for scientific research purposes.

The public body is subject to the said sections from the time the person contemplated in the first or second paragraph discloses to the public body personal information that he has collected or which was obtained through processing.

1982, c. 30, s. 78; 2006, c. 22, s. 110.

79. Sections 63.1 to 66 and 67.3 to 76 do not apply to documents transferred to Bibliothèque et Archives nationales in accordance with the Archives Act (chapter A‐21.1).

Sections 63.1 to 66, 67.3 and 67.4 and 71 to 76 do not apply to information released to the Institut de la statistique du Québec in accordance with the Act respecting the Institut de la statistique du Québec (chapter I‐13.011).

1982, c. 30, s. 79; 1983, c. 38, s. 57; 1985, c. 30, s. 11; 1998, c. 44, s. 43; 2004, c. 25, s. 58; 2006, c. 22, s. 52.

§ 2 . — Confidential file

80. The Government may by order authorize a public body to establish a confidential file.

A confidential file is a file consisting mainly of personal information intended for the use of a person or body responsible under the law for the prevention, detection or repression of crime or statutory offences.

1982, c. 30, s. 80; 2006, c. 22, s. 53.

81. The order must indicate the conditions with which the contemplated body must conform, and, in particular,

(1)  the kind of information that may be collected and the purposes for which it may be kept;

(2)  the use to which the file may be put;

(3)  the security measures that must be taken to ensure the confidentiality of personal information;

(4)  the conditions regarding the preservation and the destruction of personal information;

(5)  the categories of persons who have access to personal information in the discharge of their duties, and where such is the case, the special restrictions and conditions of access;

(6)  the special conditions to which the maintenance and examination of the file may be subject, where such is the case.

Furthermore, the conditions may concern a category of information, documents or files.

1982, c. 30, s. 81; 2006, c. 22, s. 110.

82. Before making, amending or repealing an order contemplated in section 80, the Government must obtain the opinion of the Commission.

The order authorizing the establishment of a confidential file or the order amending or repealing it and the opinion of the Commission must be tabled by the Minister of Justice in the National Assembly within fifteen days of the making of the order if the Assembly is in session or, if it is not sitting, within fifteen days after the opening of the next session or of resumption.

1982, c. 30, s. 82; 1982, c. 62, s. 143.

DIVISION IV RIGHTS OF PERSONS CONCERNED BY PERSONAL INFORMATION

2006, c. 22, s. 110.

§ 1 . — Right of access

83. Every person has the right to be informed of the existence of personal information concerning him in a personal information file.

Every person has the right to obtain any personal information kept on him.

Notwithstanding the foregoing, a minor under 14 years of age is not entitled to be informed of the existence of or to obtain personal information of a medical or social nature which concerns him, contained in the record established by a health or social services institution referred to in the second paragraph of section 7.

1982, c. 30, s. 83; 1987, c. 68, s. 6; 1990, c. 57, s. 21; 1992, c. 21, s. 74; 2006, c. 22, s. 110.

84. A public body shall release personal information to the person entitled to receive it by allowing him to examine the document on the premises during regular working hours or by remote access and to obtain a copy thereof.

At the request of the applicant, personal information that is kept in computerized form must be released in the form of a written and intelligible transcript.

If the applicant is a handicapped person, reasonable accommodation must be provided on request to enable the applicant to exercise the right of access provided for in this division. For that purpose, the public body must take into account the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

1982, c. 30, s. 84; 1990, c. 57, s. 22; 2001, c. 32, s. 85; 2006, c. 22, s. 54.

84.1. Where a health services or social services institution referred to in the second paragraph of section 7, the Commission de la santé et de la sécurité du travail, the Société de l’assurance automobile du Québec or the Régie des rentes du Québec provides a person with personal information of a medical or social nature which concerns him, it shall, upon the request of the person, provide him with the assistance of a professional qualified to help him understand the information.

1987, c. 68, s. 7; 1990, c. 19, s. 11; 1992, c. 21, s. 75; 2006, c. 22, s. 55.

85. A person has access free of charge to personal information concerning him.

However, the applicant may be charged a fee not greater than the cost for transcribing, reproducing and sending the information.

The amount and terms of payment of the fee are prescribed by government regulation. The regulation may prescribe the cases where a person is exempt from payment and must be consistent with the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or sending a document, inform the applicant of the approximate amount that will be charged to him.

1982, c. 30, s. 85; 1987, c. 68, s. 8; 2006, c. 22, s. 56.

§ 2 . — Restrictions to the right of access

86. A public body may refuse to release or confirm the existence of personal information to the person concerned if the information is filed in a confidential file.

1982, c. 30, s. 86; 2006, c. 22, s. 110.

86.1. A public body may refuse to release to a person personal information concerning him where such information is contained in an opinion or recommendation given by one of its members or a member of its personnel, or a member of another public body or a member of its personnel, in the performance of his duties, or given at the request of the body by a consultant or adviser on a matter within his competence and where the body has not rendered its final decision on the matter which is the subject of the opinion or recommendation.

1990, c. 57, s. 23; 2006, c. 22, s. 110.

87. Except in the case provided for in section 86.1, a public body may refuse to release or to confirm the existence of personal information to the person concerned, to such extent as its release would disclose information whose release may or must be denied pursuant to Division II of Chapter II.

1982, c. 30, s. 87; 1990, c. 57, s. 24; 2006, c. 22, s. 57.

87.1. A health services or social services institution referred to in the second paragraph of section 7, the Commission de la santé et de la sécurité du travail, the Société de l’assurance automobile du Québec or the Régie des rentes du Québec may refuse for the moment to release, to a recipient, personal information which concerns him where, in the opinion of his attending physician, serious harm to the person’s health would likely result.

In the case of medical information, no other restriction may be put forward.

The public body, on the recommendation of the attending physician, shall determine when the information may be released and inform the person concerned.

A public body not referred to in the first paragraph that holds medical information may refuse to release it to the person to whom it relates only if serious harm to that person’s health would likely result and on the condition that the body offers to release the information to a health care professional chosen by that person.

1987, c. 68, s. 9; 1990, c. 19, s. 11; 1992, c. 21, s. 76; 2006, c. 22, s. 58.

88. Except in the case provided for in paragraph 4 of section 59, a public body must refuse to release personal information to the person concerned if its release would likely disclose personal information concerning another natural person or the existence of such information and could seriously harm that other person, unless that other person gives written consent.

1982, c. 30, s. 88; 2006, c. 22, s. 59.

88.1. A public body must refuse to release personal information to the liquidator of the succession, to a beneficiary of life insurance or of a death benefit or to the heir or successor of the person to whom the information relates unless the information affects their interests or rights as liquidator, beneficiary, heir or successor.

1986, c. 95, s. 5; 1993, c. 17, s. 99; 2006, c. 22, s. 60.

§ 3 . — Right of correction

89. Every person who receives confirmation of the existence of personal information concerning him on a file may request that the file be corrected if the information is inaccurate, incomplete or equivocal, or if the collection, release or keeping of the information is not authorized by law.

1982, c. 30, s. 89; 2006, c. 22, s. 110.

89.1. A public body must refuse to accept a request for correction of personal information filed by the liquidator of the succession, the beneficiary of life insurance or of a death benefit, or by the heir or successor of the person to whom the information relates, unless the correction affects their interests or rights as liquidator, beneficiary, heir or successor.

1986, c. 95, s. 6; 1993, c. 17, s. 100; 2006, c. 22, s. 61.

90. If a request for correction is contested, the public body must prove that the file does not need to be corrected, unless it obtained the information in question from the person concerned or with his consent.

1982, c. 30, s. 90.

91. Every person concerned may demand that the request be recorded if the public body denies the request in whole or in part.

1982, c. 30, s. 91.

92. Where a public body accepts a request for correction of a file, it shall issue to the applicant, free of charge, a copy of any amended or added personal information or, as the case may be, an attestation of the deletion of personal information.

1982, c. 30, s. 92; 2006, c. 22, s. 110.

93. Every person who has requested the correction of a file may demand that the public body send a copy of the documents provided for in section 92 or, as the case may be, of the record contemplated in section 91, to the body from which it received the information or to every body to which the information may have been disclosed pursuant to an agreement under this Act.

1982, c. 30, s. 93.

§ 4 . — Access or correction procedure

94. No request for release or correction may be considered unless it is made in writing by a natural person who proves that he is the person concerned or the representative, heir or successor of that person, the liquidator of the succession, a beneficiary of life insurance or of a death benefit, or the person having parental authority even if the minor child is deceased.

The request is addressed to the person in charge of protection of personal information within the public body.

If the request is addressed to the person exercising the highest authority within the public body, he must transmit it with diligence to the person in charge designated by him under section 8, where such is the case.

This section does not limit the release of personal information to the person concerned or its correction by a person other than the person in charge of the protection of personal information when that correction results from a service to be provided to the person concerned.

1982, c. 30, s. 94; 1986, c. 95, s. 7; 1993, c. 17, s. 101; 2006, c. 22, s. 62.

95. Where a request for release is made for personal information that is not kept in a personal information file, the request, to be receivable, must contain sufficiently specific indications to allow the person in charge to retrieve the information.

If the request is not sufficiently specific or if a person requires it, the person in charge must assist in identifying the document likely to contain the information sought.

1982, c. 30, s. 95; 2006, c. 22, s. 63.

96. (Repealed).

1982, c. 30, s. 96; 1990, c. 57, s. 25; 2006, c. 22, s. 64.

97. The person in charge must give the applicant notice of the date his request is received.

The notice must be in writing. It must indicate the prescribed time for the processing of the request, and the effect under this Act of failure by the person in charge to respect it. It must also inform the applicant of the proceeding for review provided for in Division III of Chapter IV.

1982, c. 30, s. 97; 2006, c. 22, s. 65.

98. The person in charge must give effect to a request for release or correction promptly, and not later than twenty days after receiving it.

If the person in charge believes the request cannot be processed within the time prescribed in the first paragraph without impeding the normal course of operations of the public body, he may, before the expiry of the time limit, extend the limit by not over ten days. He must then notify the applicant thereof by mail within the time limit provided in the first paragraph.

1982, c. 30, s. 98.

99. (Repealed).

1982, c. 30, s. 99; 1990, c. 57, s. 26.

100. The person in charge must give the reasons for any denial of a request and indicate the provision of the Act on which the denial is based.

1982, c. 30, s. 100.

101. The person in charge must render his decision in writing and send a copy thereof to the applicant. It must be accompanied by the text of the provision on which the refusal is based, if applicable, and by a notice informing the applicant of the proceeding for review provided for in Division III of Chapter IV and indicating in particular the time limit within which it may be exercised.

1982, c. 30, s. 101; 2006, c. 22, s. 66.

102. On failure to reply to a request within the applicable time limit, the person responsible is deemed to have denied the request, and the failure gives rise to review proceedings as provided for in Division III of Chapter IV, as in the case of a denial of a request.

1982, c. 30, s. 102.

102.1. The person in charge must see to it that any information that has been the subject of a request for access be kept for as long as is required to enable the applicant to exhaust the recourses provided in this Act.

1990, c. 57, s. 27.

CHAPTER IV COMMISSION D’ACCÈS À L’INFORMATION

DIVISION I ESTABLISHMENT AND ORGANIZATION

103. The “Commission d’accès à l’information” is hereby established.

The Commission consists of two divisions: the oversight division and the adjudication division.

1982, c. 30, s. 103; 2006, c. 22, s. 67.

104. The Commission is composed of at least five members, including a chair and a vice-chair.

The members are appointed, on a motion of the Prime Minister, by a resolution of the National Assembly approved by not less than two-thirds of its members. The resolution states the division to which the members, other than the chair and the vice-chair, are assigned for the duration of their term of office. However, at least two members must be assigned to the adjudication division.

The Assembly shall determine, in the same manner, the remuneration, social benefits and other conditions of employment of the members of the Commission.

The members of the Commission hold office on a full time basis.

1982, c. 30, s. 104; 1982, c. 62, s. 143; 1993, c. 17, s. 102; 2006, c. 22, s. 68.

105. The term of office of the members of the Commission is of fixed duration not exceeding five years.

On the expiry of their terms, however, the members remain in office until they are reappointed or replaced.

The selection procedure referred to in section 104.1 does not apply to a member whose term is renewed.

With the authorization of the chair and for a period the chair determines, a member who has been replaced may continue to exercise the functions of office as a supernumerary member in order to conclude any applications for review or for examination of disagreements that the member has received and has not yet decided

1982, c. 30, s. 105; 2006, c. 22, s. 70.

106. Before entering into office, the members of the Commission must make the oath provided in Schedule B, before the President of the National Assembly.

1982, c. 30, s. 106; 1982, c. 62, s. 143; 1999, c. 40, s. 3.

107. Every member of the Commission may resign at any time by giving a written notice to the President of the National Assembly.

A member may be dismissed only by a resolution of the Assembly approved by not less than two-thirds of its members.

1982, c. 30, s. 107; 1982, c. 62, s. 143.

107.1. The vice-chair shall replace the chair if the latter is absent or unable to act or if the office of chair is vacant.

In addition, the chair may delegate all or some of the chair’s powers and duties to the vice-chair.

2006, c. 22, s. 71.

108. If the chair and the vice-chair of the Commission are absent or unable to act or if the offices of chair and vice-chair are vacant, the President of the National Assembly may, with the consent of the Prime Minister and the Leader of the Official Opposition in the Assembly, designate another member of the Commission to act in the place of the chair.

1982, c. 30, s. 108; 1982, c. 62, s. 143; 1999, c. 40, s. 3; 2006, c. 22, s. 72.

109. The President of the National Assembly may, with the consent of the Prime Minister and of the Leader of the Official Opposition in the Assembly, appoint a person to fill any vacancy on the Commission when the procedure established in section 104 cannot be followed owing to an adjournment of the Assembly or a prorogation of the session or the dissolution of the Legislature; he may also determine the remuneration and the conditions of employment of that person.

However, the appointment ceases to have effect at the expiry of thirty days from resumption of the Assembly unless it is ratified as provided in the second paragraph of section 104.

1982, c. 30, s. 109; 1982, c. 62, s. 143.

110. The chair of the Commission is responsible for the management and administration of the affairs of the Commission. The chair may exercise the powers of the Commission under sections 118 and 120 by delegation.

The functions of the chair include

(1)  fostering the participation of the members in the formulation of guiding principles for the Commission so as to maintain a high level of quality and coherence in its decisions;

(2)  coordinating and assigning the work of the members who, in that respect, must comply with the chair’s orders and directives;

(3)  seeing that standards of ethical conduct are observed; and

(4)  promoting the professional development of the members as regards the exercise of their functions.

In order to expedite the business of the Commission, the chair may temporarily assign a member to another division.

1982, c. 30, s. 110; 2006, c. 22, s. 73.

110.1. The Commission shall adopt internal management rules and rules of ethics by regulation.

The rules of ethics must be published in the Gazette officielle du Québec.

2006, c. 22, s. 74.

111. The secretary and the other members of the personnel of the Commission are appointed in accordance with the Public Service Act (chapter F-3.1.1).

1982, c. 30, s. 111; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

112. No member of the Commission may, under pain of forfeiture of office, have a direct or indirect interest in an undertaking putting his own interest in conflict with that of the Commission.

However, forfeiture is not incurred if the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1982, c. 30, s. 112.

113. No member of the Commission or its personnel may be prosecuted by reason of an official act performed in good faith in the exercise of his duties.

1982, c. 30, s. 113.

114. Except on a question of jurisdiction, no extraordinary recourse under articles 33 and 834 to 846 of the Code of Civil Procedure (chapter C‐25) may be exercised nor any injunction granted against the Commission or any of its members acting in their official capacity.

Two judges of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to this Act in relation to a document.

1982, c. 30, s. 114; 2006, c. 22, s. 75.

115. The head office of the Commission is located in the territory of Ville de Québec, at the place determined by the Government; notice of the location or any change of location of the head office must be published in the Gazette officielle du Québec.

1982, c. 30, s. 115; 2000, c. 56, s. 220.

116. Every document and every copy of a document emanating from the Commission is authentic if certified by a member of the Commission or by the secretary.

1982, c. 30, s. 116.

117. The fiscal year of the Commission ends on 31 March each year.

1982, c. 30, s. 117.

118. The Commission shall send to the designated Minister, not later than 30 June each year, a report of its activities for the preceding fiscal year.

The report must deal, in particular, with how this Act is being observed and the means at the disposal of the Commission to enforce it.

The report may contain, in addition,

(1)  recommendations in view of promoting the protection of personal information, and the exercise of the right of access to documents, in particular by cultural communities and handicapped persons;

(2)  proposals relating to technical standards of preservation, classification, retrieval and the method of consultation of documents;

(3)  suggestions from the public on any matter within the competence of the Commission.

The report must also deal with the application of the Act respecting the protection of personal information in the private sector (chapter P-39.1).

1982, c. 30, s. 118; 1993, c. 17, s. 103.

119. The report of activities must be tabled in the National Assembly within thirty days of its receipt, if the Assembly is in session, or, if it is not sitting, within thirty days of the opening of the next session, or of resumption.

1982, c. 30, s. 119; 1982, c. 62, s. 143; 1984, c. 27, s. 4.

119.1. The Committee on the National Assembly shall as soon as possible designate the committee which will examine the report of activities.

The designated committee shall study the report within sixty days of its tabling in the National Assembly.

1984, c. 27, s. 5.

120. The Commission shall furnish the designated Minister with all the information and financial statements he may require regarding its activities.

In addition, the Commission shall send the Minister, on request, a copy of the final notices it sends to a department or a government body referred to in the first paragraph of section 3, and a copy of the rules, reports, prescriptions and orders arising from its oversight functions.

1982, c. 30, s. 120; 2006, c. 22, s. 77.

121. (Repealed).

1982, c. 30, s. 121; 2006, c. 22, s. 78.

DIVISION II OVERSIGHT DIVISION

2006, c. 22, s. 79.

122. The functions and powers of the Commission provided for in this division are exercised by the chair and the members assigned to the oversight division.

1982, c. 30, s. 122; 1993, c. 17, s. 104; 2006, c. 22, s. 79.

122.1. The function of the Commission is to oversee the carrying out of this Act and the Act respecting the protection of personal information in the private sector (chapter P‐39.1).

The Commission must also ensure compliance with and promotion of the principles of access to documents and the protection of personal information.

2006, c. 22, s. 79.

123. The Commission must also

(1)  inquire into the application of this Act and the degree to which the Act is observed;

(2)  approve agreements entered into between public bodies pursuant to section 172;

(3)  give its opinion on the draft regulations submitted to it under this Act, on draft agreements on the transfer of information and on draft orders authorizing the establishment of confidential files;

(4)  establish, if it considers it advisable to do so, rules for the keeping of the register contemplated in section 67.3;

(5)  see to it that the confidentiality of personal information contained in files held by public bodies respecting the adoption of a person is respected;

(6)  see to it that the confidentiality of personal information contained in files held by the Public Curator on persons whom he represents or whose property he administers is respected.

1982, c. 30, s. 123; 1985, c. 30, s. 12; 1987, c. 68, s. 10; 1989, c. 54, s. 151; 2006, c. 22, s. 80.

123.1. In the exercise of its oversight functions, the Commission may authorize members of its personnel or any other persons to act as inspectors.

2006, c. 22, s. 81.

123.2. Persons acting as inspectors may

(1)  enter the establishment of a body or person subject to the oversight of the Commission at any reasonable time;

(2)  request a person on the site to present any information or document required to exercise the Commission’s oversight function; and

(3)  examine and make copies of such documents.

2006, c. 22, s. 81.

123.3. Persons acting as inspectors must, on request, identify themselves and produce a certificate of authority.

Persons acting as inspectors may not be prosecuted for an act performed in good faith in the exercise of their duties.

2006, c. 22, s. 81.

124. The Commission may prescribe conditions applicable to a personal information file with which the public body must conform and respecting, in particular,

(1)  the kind of information that may be collected and the purposes for which it may be kept;

(2)  the use to which the file may be put;

(3)  the security measures that must be taken to ensure the protection of personal information;

(4)  the categories of persons who have access to personal information in the discharge of their duties and, where such is the case, the special restrictions and conditions of access;

(5)  the special conditions to which the maintenance of the file may be subject, where such is the case.

1982, c. 30, s. 124; 1990, c. 57, s. 28; 2006, c. 22, s. 82.

125. The Commission may, on a written request, grant a person or an agency the authorization to receive communication of personal information contained in a personal information file, for study, research or statistics purposes, without the consent of the persons concerned, if it is of the opinion

(1)  that the intended use is not frivolous and the ends contemplated cannot be achieved unless the information is communicated in nominative form;

(2)  that the personal information will be used in a manner that will ensure its confidentiality.

The authorization is granted for such period and on such conditions as may be fixed by the Commission. It may be revoked before the expiry of the period granted if the Commission has reason to believe that the authorized person or body does not respect the confidentiality of the information disclosed or the other conditions.

1982, c. 30, s. 125; 2006, c. 22, s. 110.

126. (Repealed).

1982, c. 30, s. 126; 1990, c. 57, s. 29; 2006, c. 22, s. 83.

127. The Commission may, of its own initiative or following a complaint from an interested person, investigate

(1)  a confidential file to determine if the personal information contained therein was entered and used in accordance with the order;

(2)  whether the confidentiality of personal information contained in a file held by a public body respecting the adoption of a person has been respected;

(3)  whether the confidentiality of personal information contained in a file held by the Public Curator on a person whom he represents or of whose property he administers has been respected.

The investigation is secret. Only a member of the Commission or a member of its management staff designated in writing for that purpose by the Commission may examine the personal information entered in the file or the personal information contained in a file contemplated in subparagraph 2 or 3 of the first paragraph. However, a member of the staff of the Commission may, if the Commission so authorizes in writing, examine the personal information contained in a file contemplated in subparagraph 2 or 3 of the first paragraph.

1982, c. 30, s. 127; 1987, c. 68, s. 11; 1989, c. 54, s. 152; 2006, c. 22, s. 110.

128. The Commission may, after investigating a personal information file or a confidential file and after giving the public body responsible for the file an opportunity to submit written observations,

(1)  order that personal information be corrected or deleted from the file or that the use of the file made contrary to this Act, the order or the prescriptions of the Commission, as the case may be, be discontinued;

(2)  order the public body to take the measures it considers appropriate to meet the conditions provided for by this Act or the prescriptions of the Commission;

(3)  order the destruction of a personal information file established or used contrary to this Act;

(4)  recommend to the Government that the order authorizing the establishment of a confidential file be amended or revoked.

1982, c. 30, s. 128; 2006, c. 22, s. 110.

128.1. On completion of an investigation pertaining to the matter contemplated in subparagraph 2 of the first paragraph of section 127 and after giving the public body holding the file contemplated in the said subparagraph an opportunity to make written representations, the Commission may

(1)  order the public body to take the necessary measures to ensure the confidentiality of the personal information contained in such a file respecting the adoption of a person;

(2)  indicate the measures that must be taken to ensure the confidentiality of the personal information contained in such a file;

(3)  indicate the special conditions to which the maintenance of such a file may be subject.

The Commission shall exercise the same powers with respect to the Public Curator on completion of an investigation pertaining to the matter contemplated in subparagraph 3 of the first paragraph of section 127.

1987, c. 68, s. 12; 1989, c. 54, s. 153.

129. The Commission, its members and every person appointed by it to inquire into the application of this division are vested, for that purpose, with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment.

The inquiries of the Commission are non-adversary investigations.

On completion of an inquiry and after giving the public body an opportunity to submit written observations, the Commission may order it to take the measures the Commission considers appropriate.

1982, c. 30, s. 129; 2006, c. 22, s. 84.

130. Every public body must, at the request of the Commission, provide it with such information as it may require on the carrying out of this Act.

1982, c. 30, s. 130.

130.1. (Repealed).

1993, c. 17, s. 105; 2006, c. 22, s. 85.

130.2. A member of the Commission may act alone on behalf of the Commission to exercise the functions and powers conferred on it by paragraph 3 of section 123 as regards draft agreements on the transfer of information, sections 124, 127 to 128.1, the third paragraph of section 129 and section 164, as well as those referred to in the second paragraph.

The chair of the Commission may delegate to a member of its personnel all or some of the functions and powers conferred on the Commission by paragraphs 1, 5 and 6 of section 123 and by sections 123.1 and 125.

2006, c. 22, s. 86.

131. (Repealed).

1982, c. 30, s. 131; 1986, c. 22, s. 28; 2006, c. 22, s. 87.

132. (Repealed).

1982, c. 30, s. 132; 1990, c. 57, s. 30; 2006, c. 22, s. 88.

133. If, within a reasonable time after making a recommendation to a public body or after making an order, the Commission considers that appropriate measures have not been taken to implement the recommendation, it may so notify the Government or, if it deems it expedient, submit a special report to the National Assembly or set out the situation in its annual report.

1982, c. 30, s. 133; 1982, c. 62, s. 143.

134. The Committee on the National Assembly shall as soon as possible designate the committee which will study the special report.

The designated committee shall study the report within sixty days of its tabling in the National Assembly.

1982, c. 30, s. 134; 1982, c. 62, s. 143; 1984, c. 27, s. 6.

DIVISION III ADJUDICATIVE DIVISION

2006, c. 22, s. 89.

134.1. The functions and powers of the Commission provided for in this division are exercised by the chair and the members assigned to the adjudicative division.

2006, c. 22, s. 89.

134.2. The function of the Commission is to decide applications for review made under this Act and applications for examination of disagreements made under the Act respecting the protection of personal information in the private sector (chapter P‐39.1), to the exclusion of any other court.

2006, c. 22, s. 89.

135. Every person whose request has been denied, in whole or in part, by the person in charge of access to documents or of protection of personal information may apply to the Commission for a review of the decision.

Every person who has made a request under this Act may apply to the Commission for a review of any decision of the person in charge concerning the time prescribed for processing the request, the mode of access to a document or information, the application of section 9 or the fee payable.

The application must be made within thirty days of the date of the decision or of the time granted by this Act to the person in charge for processing a request. However, the Commission may, for any serious cause, release the applicant from a failure to observe the time limit.

1982, c. 30, s. 135.

136. A third person who has submitted observations in accordance with section 49 may, within 15 days after the mailing of the notice informing him of the decision to grant access, in whole or in part, to a document, apply to the Commission for a review of the decision.

Except in the case contemplated in the first paragraph of section 41.1, the application suspends the carrying out of the decision of the person in charge until the decision of the Commission on the application is executory.

1982, c. 30, s. 136; 2006, c. 22, s. 90.

137. The application for review must be made in writing; it may state briefly the reasons for which the decision should be reviewed.

Notice of the application is given to the public body by the Commission.

Where the application for review deals with the refusal to release information provided by a third person, the Commission must so notify the third person concerned.

If the Commission does not succeed in notifying a third person by mail after taking reasonable steps to do so, the third person may be notified in another manner, such as by public notice in a newspaper in the place where the last known address of the third person is located. If there is more than one third person and more than one notice is required, all third persons are deemed to have been notified only once all the notices have been published.

1982, c. 30, s. 137; 2006, c. 22, s. 91.

137.1. The Commission may authorize a public body to disregard applications that are obviously improper because of their number or their repetitious or systematic nature or an application whose processing could seriously interfere with the body’s activities.

The same applies if, in the opinion of the Commission, the applications are not consistent with the object of this Act concerning the protection of personal information.

2006, c. 22, s. 92.

137.2. The Commission may refuse or cease to examine a matter if it has reasonable cause to believe that the application is frivolous or made in bad faith or that its intervention would clearly serve no purpose.

2006, c. 22, s. 92.

138. The members of the personnel of the Commission must lend assistance in drafting an application for review to every applicant concerned who requires it.

1982, c. 30, s. 138.

138.1. On receiving an application, the Commission may direct a person it designates to attempt to bring the parties to an agreement, if it considers it useful and the circumstances of the case allow it.

2006, c. 22, s. 93.

139. A member of the Commission may act alone on behalf of the Commission to exercise the powers provided for in sections 135, 137.1, 137.2, 142.1 and 146.1.

1982, c. 30, s. 139; 2006, c. 22, s. 94.

140. On receiving an application for review, the Commission must give the parties an opportunity to submit their observations.

1982, c. 30, s. 140.

141. The Commission has all the powers necessary for the exercise of its jurisdiction; it may make every order it considers appropriate to protect the rights of the parties, and decide on every matter of fact or of law.

It may, in particular, order a public body to release a document or part of a document, refrain from doing so, correct, complete, clarify, update or delete any personal information, or discontinue the use or the release of personal information.

1982, c. 30, s. 141; 2006, c. 22, s. 110.

141.1. The Commission must exercise its functions and powers in matters of review diligently and efficiently.

The Commission must make its decision within three months after the matter is taken under advisement, unless the chair extends that time limit for valid reasons.

If a member of the Commission to whom a case is referred does not make a decision within the specified time limit, the chair may, by virtue of office or at the request of a party, remove the member from the case.

Before extending the time limit or removing from a case a member who has not made a decision within the applicable time, the chair must take the circumstances and the interest of the parties into account.

2006, c. 22, s. 95.

142. The Commission may, in deciding an application for review, fix such conditions as it may deem advisable to facilitate the exercise of a right conferred by this Act.

1982, c. 30, s. 142.

142.1. A decision containing an error in writing or in calculation or any other clerical error may be corrected by the Commission or the member who made the decision; the same applies to a decision which, through obvious inadvertence, grants more than was requested or fails to rule on part of the application.

A correction may be made on the Commission’s or the concerned member’s own initiative as long as execution of the decision has not commenced. A correction may be effected at any time on the motion of one of the parties, unless an appeal has been lodged.

The motion is addressed to the Commission and submitted to the member who made the decision. If the latter is no longer in office, is absent or is unable to act, the motion is submitted to the Commission.

If the correction affects the conclusions, the time limit for appealing or executing the decision runs from the date of the correction.

2006, c. 22, s. 96.

143. A copy of the decision of the Commission is sent to the parties by any means providing evidence of the date of receipt.

1982, c. 30, s. 143; 2006, c. 22, s. 97.

144. Every decision of the Commission prescribing a particular course of action to a public body is executory 30 days after its receipt by the parties.

Every decision prohibiting a course of action to a public body is executory from its delivery to the public body.

From the time a decision becomes executory, a certified copy thereof may be filed by the Commission or a party in the office of the clerk of the Superior Court of the district of Montréal or Québec or of the district where the head office, business establishment or residence of a party is situated.

The filing of a decision grants thereupon to the decision the force and effect of a judgment of the Superior Court.

1982, c. 30, s. 144; 1985, c. 30, s. 13; 1990, c. 57, s. 31; 1999, c. 40, s. 3.

145. Where it considers it necessary in the public interest, the Government may, by order, require a public body to postpone, for such period as it indicates, the execution of a decision of the Commission ordering the release of a document or information.

During that period, no request for access to the document or information contemplated in the order may be received.

No proceedings in appeal from the decision of the Commission may be brought or continued during that period.

Furthermore, the time limit for appeal from the decision of the Commission is interrupted during the postponement, counting from the making of the order.

The order is tabled in the National Assembly within fifteen days following the making of the order if the Assembly is in session or, if it is not sitting, within fifteen days of the opening of the next session or of resumption.

1982, c. 30, s. 145; 1982, c. 62, s. 143.

146. Every decision of the Commission on a question of fact within its competence is final.

1982, c. 30, s. 146.

146.1. The Commission may declare an application for review of an agreement perempted if one year has elapsed since the last useful proceeding was filed.

1993, c. 17, s. 106; 2002, c. 7, s. 161.

CHAPTER V APPEAL

2006, c. 22, s. 98.

147. A person directly interested may bring an appeal from the final decision of the Commission before a judge of the Court of Québec on a question of law or jurisdiction, including an order of the Commission issued following an investigation, or, with leave of a judge of that Court, from an interlocutory decision that will not be remedied by the final decision.

1982, c. 30, s. 147; 1988, c. 21, s. 66; 1990, c. 57, s. 32; 2006, c. 22, s. 99.

147.1. The motion for leave to appeal from an interlocutory decision must specify the questions of law or jurisdiction that ought to be examined in appeal and the reason the interlocutory decision will not be remedied by the final decision and, after notice to the parties and to the Commission, be filed in the office of the Court of Québec within 10 days after the date on which the parties receive the Commission’s decision.

If the motion is granted, the judgment authorizing the appeal serves as a notice of appeal.

2006, c. 22, s. 99.

148. The jurisdiction conferred by this division on a judge of the Court of Québec is exercised by only the judges of that Court that are appointed by the chief judge.

1982, c. 30, s. 148; 1988, c. 21, s. 66; 1990, c. 57, s. 33; 1993, c. 17, s. 107.

149. The appeal is brought by filing with the Court of Québec a notice to that effect specifying the questions of law or jurisdiction that ought to be examined in appeal.

The notice of appeal must be filed at the office of the Court of Québec within 30 days after the date the parties receive the final decision.

1982, c. 30, s. 149; 1985, c. 30, s. 14; 1988, c. 21, s. 66; 1990, c. 57, s. 34; 2006, c. 22, s. 100.

149.1. (Replaced).

1990, c. 57, s. 35; 2006, c. 22, s. 100.

150. The filing of the notice of appeal or of the motion for leave to appeal from an interlocutory decision suspends the execution of the decision of the Commission until the decision of the Court is rendered. If it is an appeal from a decision ordering a public body to cease or refrain from doing something, the filing of the notice or motion does not suspend execution of the decision.

1982, c. 30, s. 150; 2006, c. 22, s. 100.

151. The notice of appeal must be served on the parties and on the Commission within 10 days after its filing at the office of the Court of Québec.

The secretary of the Commission shall send a copy of the contested decision and the documents related to the contestation to the office of the Court, to serve as a joint record.

1982, c. 30, s. 151; 1988, c. 21, s. 66; 1990, c. 57, s. 36; 1993, c. 17, s. 108; 2006, c. 22, s. 100.

152. The appeal is governed by articles 491 to 524 of the Code of Civil Procedure (chapter C-25), with the necessary modifications. The parties are not required, however, to file a statement of their claims.

1982, c. 30, s. 152; 1990, c. 57, s. 37.

153. The Court of Québec may, in the manner prescribed under the Courts of Justice Act (chapter T-16), make the rules of practice judged necessary for the carrying out of this division.

1982, c. 30, s. 153; 1988, c. 21, s. 66, s. 67.

154. The decision of the judge of the Court of Québec is final.

1982, c. 30, s. 154; 1988, c. 21, s. 66; 1990, c. 57, s. 38.

CHAPTER VI REGULATIONS

155. The Government may make regulations

(1)  prescribing fees for the transcription, reproduction or transmission of documents or personal information, and the terms and conditions of payment of the fees, taking into account the policy established under section 26.5 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E‐20.1);

(2)  providing for total or partial exemption from the payment of fees under this Act;

(3)  defining what constitutes a document produced by or for another public body, for the purposes of section 48;

(3.1)  for the purposes of sections 16.1 and 63.2, prescribing information distribution rules and rules for the protection of personal information including, among other things, measures to promote access to information and the protection of personal information; those rules may identify the types of documents or information made accessible by law that a public body must distribute, having regard, in particular, to their interest for the purposes of public information; the rules may provide for the establishment of a committee to be responsible for supporting the public body in carrying out its responsibilities, and entrust functions to persons other than the person in charge of access to documents or the protection of personal information; the rules may vary with the body referred to in sections 3 to 7 to which they apply;

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(6)  (subparagraph repealed);

(7)  designating, according to the standards provided for in the regulation and for the purposes of the second paragraph of section 28, the public bodies that must refuse to release or to confirm the existence of information obtained through their internal security service;

(8)  setting the fees payable for the acts performed by the Commission.

The Government, in exercising its power to make regulations, may establish categories of persons, public bodies, information, documents and files.

1982, c. 30, s. 155; 1990, c. 57, s. 39; 2006, c. 22, s. 101.

156. After obtaining the opinion of the Commission, the designated minister shall publish in the Gazette officielle du Québec the text of every draft regulation with a notice indicating that after a period of not less than forty-five days following the publication, the text will be submitted to the Government for adoption.

1982, c. 30, s. 156.

157. (Repealed).

1982, c. 30, s. 157; 1986, c. 22, s. 29; 2006, c. 22, s. 102.

CHAPTER VII SANCTIONS

DIVISION I PENAL PROVISIONS

158. Every person who knowingly denies or impedes access to a document or information to which access is not to be denied under this Act is guilty of an offence and is liable to a fine of $100 to $500 and, in the case of a second or subsequent conviction, to a fine of $250 to $1,000.

1982, c. 30, s. 158; 1990, c. 4, s. 22.

159. Every person who knowingly gives access to a document or to information which, under this Act, is not to be disclosed or to which, according to law, a public body denies access, is guilty of an offence and is liable to a fine of $200 to $1,000 and, in the case of a second or subsequent conviction, to a fine of $500 to $2,500.

1982, c. 30, s. 159; 1990, c. 4, s. 23.

159.1. Every person who knowingly

(1)  gives access to a document to a person who does not have a right of access to it under a provision of an Act which applies notwithstanding a provision of this Act,

(2)  informs a person of the existence of information he does not have the right to be informed of under a provision of an Act which applies notwithstanding a provision of this Act, or

(3)  communicates information to a person who is not a person who may take communication of it under a provision of an Act which applies notwithstanding a provision of this Act

is guilty of an offence and is liable to a fine of $200 to $1,000 and, in a case of a second or subsequent conviction, to a fine of $500 to $2,500.

1987, c. 68, s. 13; 1990, c. 4, s. 24.

159.2. Every person who knowingly contravenes section 67.2 or the second paragraph of section 70.1 is liable to a fine of $5,000 to $50,000 and, in the case of a second or subsequent conviction, to a fine of $10,000 to $100,000.

2006, c. 22, s. 103.

160. Every person who impedes the progress of an inquiry or inspection or the examination of a request or application by the Commission by knowingly providing it with false or inaccurate information, or otherwise, is guilty of an offence and is liable to the fine established in section 159.

1982, c. 30, s. 160; 1990, c. 4, s. 25; 2006, c. 22, s. 104.

161. Every person who impedes the progress of an inquiry or examination of a request or application by the Commission by knowingly omitting to provide it with the information it requires is guilty of an offence and is liable to a fine of $50 for each day or part of day during which the offence continues.

1982, c. 30, s. 161; 1990, c. 4, s. 25.

162. Every person who contravenes this Act, the regulations of the government, or an order of the Commission, is guilty of an offence and is liable to the fine prescribed in section 158.

1982, c. 30, s. 162.

163. An error or omission made in good faith does not constitute an offence within the meaning of this Act.

1982, c. 30, s. 163.

164. The Commission may, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for an offence under this division.

1982, c. 30, s. 164; 1990, c. 4, s. 26; 1992, c. 61, s. 28.

165. (Repealed).

1982, c. 30, s. 165; 1990, c. 4, s. 27.

DIVISION II REDRESS IN CERTAIN CASES

166. A natural person wronged by a decision of a public body concerning him may, if he has no other redress, apply to the Superior Court to nullify the decision if it is based on personal information which is inaccurate or which has been collected, used, kept or released in contravention of this Act.

The court shall nullify the decision if it is established that the inaccuracy of the information or the contravention of the Act or regulation was not caused by a deliberate act of the person concerned. However, the public body may have the application rejected if it establishes that its decision would have been maintained even if the information had been rectified in due time.

1982, c. 30, s. 166; 2006, c. 22, s. 105.

167. Except if the injury results from superior force, a public body that keeps personal information is bound to compensate for the injury resulting from the unlawful infringement of a right established by Chapter III.

In addition, where the infringement is intentional or results from gross neglect, the court shall also award punitive damages of not less than $200.

1982, c. 30, s. 167; 1999, c. 40, s. 3.

CHAPTER VIII GENERAL PROVISIONS

168. The provisions of this Act prevail over any contrary provision of a subsequent general law or special Act unless the latter Act expressly states that it applies notwithstanding this Act.

1982, c. 30, s. 168.

169. Subject to section 170, every provision of any general law or special Act that is inconsistent with the provisions of Chapter II respecting access to documents held by public bodies or the provisions of Chapter III respecting the protection of personal information ceases to have effect on 31 December 1987.

The same applies to every provision of a regulation that is inconsistent with the provisions of this Act or of a government regulation passed under this Act.

1982, c. 30, s. 169; 1986, c. 56, s. 1; 1987, c. 33, s. 1.

170. The legislative provisions mentioned in Schedule A continue to have effect.

1982, c. 30, s. 170.

171. Notwithstanding sections 168 and 169, this Act does not limit

(1)  the exercise of a person’s right of access to a document resulting from the carrying out of another Act or of a practice established before 1 October 1982, unless the exercise of the right interferes with the protection of personal information;

(2)  the protection of personal information or the exercise of the right of access of a person to personal information concerning him, resulting from the application of another Act or a practice established before 1 October 1982;

(2.1)  the protection of information contained in a tax record as provided for in Division VIII of Chapter III of the Act respecting the Ministère du Revenu (chapter M‐31) in respect of a person referred to in that division ;

(3)  the release of documents or information required by the Public Protector or by the summons, warrant or order of any body empowered to enjoin their release.

1982, c. 30, s. 171; 1985, c. 30, s. 15; 2002, c. 5, s. 30; 2006, c. 22, s. 110.

172. The obligations imposed by this Act on a public body may be assumed by another public body in accordance with an agreement approved by the Commission.

1982, c. 30, s. 172.

173. The Public Protector and the Commission des droits de la personne et des droits de la jeunesse, on receiving a complaint in relation to a matter within the competence of the Commission, must transfer the file to the latter, thereby referring the case to the Commission pleno jure.

1982, c. 30, s. 173; 1995, c. 27, s. 16.

174. The minister designated by the Government is responsible for the administration of this Act.

The Minister shall advise the Government by providing opinions on access to information and the protection of personal information, in particular as regards proposed legislation and plans to develop information systems. The Minister may consult the Commission to that end.

The Minister shall provide public bodies with the support necessary for the purposes of this Act.

For the purpose of exercising ministerial functions, the Minister may, in particular,

(1)  enter into agreements with any person, association, partnership or body;

(2)  conduct or commission research, inventories, studies or analyses and publish them; and

(3)  obtain from departments and public bodies the information necessary to exercise those functions.

1982, c. 30, s. 174; 1993, c. 17, s. 109; 1994, c. 14, s. 10; 1996, c. 21, s. 30; 2005, c. 24, s. 19; 2006, c. 22, s. 106.

The Minister responsible for Access to Information and the Protection of Personal Information is responsible for the administration of this Act. Order in Council 1541-2021 dated 15 December 2021, (2022) 154 G.O. 2 (French), 177.

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

175. (Amendment integrated into c. E-18, Division II.1, ss. 11.1-11.4).

1982, c. 30, s. 175.

176. For two years following the coming into force of those provisions of this Act which grant to a person the right of access to a document, a public body may deny access to any document dated more than two years prior to such coming into force.

1982, c. 30, s. 176.

177. Notwithstanding Division III of Chapter III, a public body which, at the time when that division becomes effective in its regard, is in possession of personal information, has 12 months to set up a personal information file or a confidential file in accordance with this Act.

1982, c. 30, s. 177; 2006, c. 22, s. 110.

178. The Commission, before 1 October 1985, must examine the provisions of the Acts and regulations referred to in section 169 and, after hearing the representations made by the persons concerned, make recommendations to the Government on the advisability of maintaining their application or of amending them.

1982, c. 30, s. 178.

179. Not later than 14 June 2011, and, subsequently, every five years, the Commission must report to the Government on the application of this Act and of Division V.1 of Chapter IV of the Professional Code (chapter C‐26), as well as on any other subject the Minister may submit to it.

The report must also include any audit findings and recommendations that the Auditor General considers it appropriate to forward to the Commission under the Auditor General Act (chapter V‐5.01) and that the Auditor General states are to be reproduced in the report.

The Minister shall table the report in the National Assembly within 15 days of receiving it or, if the Assembly is not sitting, within 15 days of resumption.

1982, c. 30, s. 179; 1982, c. 62, s. 143; 1984, c. 27, s. 7; 2006, c. 22, s. 107.

179.1. The Committee on the National Assembly shall as soon as possible designate the committee which will study the report on the implementation of the Act.

Within one year after the tabling of the report in the National Assembly, the designated committee shall examine the advisability of amending this Act, and hear the representations of the persons and bodies concerned.

1984, c. 27, s. 8; 2006, c. 22, s. 108.

180. The sums required for the carrying out of this Act are taken, for the fiscal year 1982-1983, out of the Consolidated Revenue Fund and, for subsequent years, out of the sums granted annually for that purpose by Parliament.

1982, c. 30, s. 180.

181. Within twelve months from 1 October 1982, the Government must set up a timetable of the coming into force and effective dates of the provisions of this Act.

Within fifteen days of its adoption, the timetable must be tabled in the National Assembly if it is sitting or, if not, in the office of its President.

1982, c. 30, s. 181; 1982, c. 62, s. 143.

182. (This section ceased to have effect on 1 October 1987).

1982, c. 30, s. 182; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

183. (Omitted).

1982, c. 30, s. 183.

SCHEDULE A

(section 170)

LEGISLATIVE PROVISIONS STILL HAVING EFFECT NOTWITHSTANDING
SECTION 169

TITLE                             PROVISIONS

Referendum Act                    Sections 16 to 18 and 61
(chapter C-64.1)                  to 155 of Appendix 2

Education Act for Cree, Inuit     Sections 624 to 626
and Naskapi Native Persons
(chapter I-14)

An Act respecting Northern        Sections 67 to 75
villages and the Kativik
Regional Government
(chapter V-6.1)

1982, c. 30, Schedule A; 1984, c. 51, s. 525; 1985, c. 46, s. 89; 1985, c. 30, s. 16; 1987, c. 57, s. 660; 1989, c. 1, s. 581; 1988, c. 84, s. 699; 1989, c. 36, s. 225; 1998, c. 44, s. 44; 2002, c. 5, s. 31.

SCHEDULE B

(section 106)

OATH OF ALLEGIANCE, OF OFFICE AND OF DISCRETION

I, A. B., swear under oath that I will act with loyalty and true allegiance to the established authority and that I will fulfil the duties of my office with honesty, objectivity and impartiality, and that I will not accept any sum of money or consideration of any kind in carrying out the duties of my office, apart from my salary and any allowance that is given to me by law or by an order of the Government. In addition, I swear under oath that I will neither disclose nor make known anything whatsoever that I have learned in the exercise of my office, unless I have been duly authorized to do so.

1982, c. 30, Schedule B; 1999, c. 40, s. 3; 2006, c. 22, s. 109.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 30 of the statutes of 1982, in force on 1 January 1983, is repealed, except section 183, effective from the coming into force of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 155 to 157, 168, 169 and 178 of chapter 30 of the statutes of 1982, in force on 1 January 1984, are repealed effective from the coming into force of the updating to 1 January 1984 of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 9 to 15, 17 to 68, 71 to 102, 122 to 130, 132 to 154, 158 to 167, 170 to 173, 175 to 177 and Schedule A of chapter 30 of the statutes of 1982, in force on 1 July 1984, are repealed effective from the coming into force of the updating to 1 July 1984 of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 69 and 70 of chapter 30 of the statutes of 1982, in force on 1 September 1985, are repealed effective from the coming into force of the updating to 1 September 1985 of chapter A-2.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 16 of chapter 30 of the statutes of 1982, in force on 1 March 1986, is repealed effective from the coming into force of the updating to 1 March 1986 of chapter A-2.1 of the Revised Statutes.