Newfoundland and Labrador (province of Canada)
Name of law: Access to Information and Protection of Privacy Act (ATIPPA)
First adopted: 2015
First adopted: 2015
Introduction
Newfoundland and Labrador's RTI law, the ATIPPA, is by far the strongest right to information legislation in Canada and one of the stronger laws in the world when assessed against national laws, in part due to strong scores on scope, requesting procedures and appeals. However, there is still room for improvement. The legislation’s main weakness is its exceptions, which are often drawn too broadly and lack adequate harm tests, public interest overrides and sunset clauses.
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 23 | 30 |
| 3 | Requesting Procedures | 22 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 27 | 32 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 11 | 14 |
| ∑ = 111 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | N/A | <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/13191/index.do">Ontario (Public Safety and Security) v. Criminal Lawyers’ Association</a>, 2010 SCC 23, [2010] 1 S.C.R. 815. The right to information is only recognized as a limited and derivative right. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 3(2) The purpose [of this Act] is to be achieved by (a) giving the public a right of access to records; (b) giving individuals a right of access to, and a right to request correction of, personal information about themselves; (c) specifying the limited exceptions to the rights of access and correction that are necessary to (i) preserve the ability of government to function efficiently as a cabinet government in a parliamentary democracy, (ii) accommodate established and accepted rights and privileges of others, and (iii) protect from harm the confidential proprietary and other rights of third parties; (d) providing that some discretionary exceptions will not apply where it is clearly demonstrated that the public interest in disclosure outweighs the reason for the exception; (e) preventing the unauthorized collection, use or disclosure of personal information by public bodies; and (f) providing for an oversight agency that (i) is an advocate for access to information and protection of privacy, (ii) facilitates timely and user friendly application of this Act, (iii) provides independent review of decisions made by public bodies under this Act, (iv) provides independent investigation of privacy complaints, (v) makes recommendations to government and to public bodies as to actions they might take to better achieve the objectives of this Act, and (vi) educates the public and public bodies on all aspects of this Act. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | 3(1) The purpose of this Act is to facilitate democracy through (a) ensuring that citizens have the information required to participate meaningfully in the democratic process; (b) increasing transparency in government and public bodies so that elected officials, officers and employees of public bodies remain accountable; and (c) protecting the privacy of individuals with respect to personal information about themselves held and used by public bodies. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 2 In this Act, (a) "applicant" means a person who makes a request under section 11 for access to a record, including a record containing personal information about the person, or for correction of personal information; (t) "person" includes an individual, corporation, partnership, association, organization or other entity; | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2(y) "record" means a record of information in any form, and includes a dataset, information that is machine readable, written, photographed, recorded or stored in any manner, but does not include a computer program or a mechanism that produced records on any storage medium; - custody or control. 8(1) A person who makes a request under section 11 has a right of access to a record in the custody or under the control of a public body, including a record containing personal information about the applicant. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 2(y) "record" means a record of information in any form, and includes a dataset, information that is machine readable, written, photographed, recorded or stored in any manner, but does not include a computer program or a mechanism that produced records on any storage medium; 5(1) This Act applies to all records in the custody of or under the control of a public body but does not apply to (a) a record in a court file, a record of a judge of the Court of Appeal, Trial Division, or Provincial Court, a judicial administration record or a record relating to support services provided to the judges of those courts; (b) a note, communication or draft decision of a person acting in a judicial or quasi-judicial capacity; (c) a personal or constituency record of a member of the House of Assembly, that is in the possession or control of the member; (d) records of a registered political party or caucus as defined in the House of Assembly Accountability, Integrity and Administration Act; (e) a personal or constituency record of a minister; (f) a record of a question that is to be used on an examination or test; (g) a record containing teaching materials or research information of an employee of a postsecondary educational institution; (h) material placed in the custody of the Provincial Archives of Newfoundland and Labrador by or for a person other than a public body; (i) material placed in the archives of a public body by or for a person other than the public body; (j) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; (k) a record relating to an investigation by the Royal Newfoundland Constabulary if all matters in respect of the investigation have not been completed; (l) a record relating to an investigation by the Royal Newfoundland Constabulary that would reveal the identity of a confidential source of information or reveal information provided by that source with respect to a law enforcement matter; or (m) a record relating to an investigation by the Royal Newfoundland Constabulary in which suspicion of guilt of an identified person is expressed but no charge was ever laid, or relating to prosecutorial consideration of that investigation. (2) This Act (a) is in addition to existing procedures for access to records or information normally available to the public, including a requirement to pay fees; (b) does not prohibit the transfer, storage or destruction of a record in accordance with an Act of the province or Canada or a by-law or resolution of a local public body; (c) does not limit the information otherwise available by law to a party in a legal proceeding; and (d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of a document. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | material placed in the archives of a public body by or for a person other than the public body; | Executive is defined broadly, but archives not covered. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 3 | 2(x)"public body" means (v) the House of Assembly and statutory offices, as defined in the House of Assembly Accountability, Integrity and Administration Act and includes a body designated for this purpose in the regulations made under section 116, but does not include (vii) the constituency office of a member of the House of Assembly wherever located. | 2(x)(v) includes the House of Assembly and Statutory offices, but 2(x)(vii) - excludes constituency offices. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | 2 (m) "judicial administration record" means a record containing information relating to a judge, master or justice of the peace, including information respecting (i) the scheduling of judges, hearings and trials, (ii) the content of judicial training programs, (iii) statistics of judicial activity prepared by or for a judge, (iv) a judicial directive, and (v) a record of the Complaints Review Committee or an adjudication tribunal established under the Provincial Court Act, 1991; | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(x) "public body" means (ii) a corporation, the ownership of which, or a majority of the shares of which is vested in the Crown, (iii) a corporation, commission or body, the majority of the members of which, or the majority of members of the board of directors of which are appointed by an Act, the Lieutenant-Governor in Council or a minister, | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(x) "public body" means (iii) a corporation, commission or body, the majority of the members of which, or the majority of members of the board of directors of which are appointed by an Act, the Lieutenant-Governor in Council or a minister, | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | N/A | Access form. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 11. (1) A person may access a record or seek a correction of personal information by making a request to the public body that the person believes has custody or control of the record or personal information. (2) A request shall (a) be in the form set by the minister responsible for this Act; (b) provide sufficient details about the information requested so that an employee familiar with the records of the public body can identify and locate the record containing the information with reasonable efforts; and (c) indicate how and in what form the applicant would prefer to access the record. (3) An applicant may make an oral request for access to a record or correction of personal information where the applicant (a) has a limited ability to read or write English; or (b) has a disability or condition that impairs his or her ability to make a request. (4) A request under subsection (2) may be transmitted by electronic means. | s. 11 is reinforced by access form. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | 11. (1) A person may access a record or seek a correction of personal information by making a request to the public body that the person believes has custody or control of the record or personal information. (2) A request shall (a) be in the form set by the minister responsible for this Act; (b) provide sufficient details about the information requested so that an employee familiar with the records of the public body can identify and locate the record containing the information with reasonable efforts; and (c) indicate how and in what form the applicant would prefer to access the record. (3) An applicant may make an oral request for access to a record or correction of personal information where the applicant (a) has a limited ability to read or write English; or (b) has a disability or condition that impairs his or her ability to make a request. (4) A request under subsection (2) may be transmitted by electronic means. | 11 requires the use of the official form. However, oral and electronic requests are also allowed, where necessary. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | 13. (1) The head of a public body shall make every reasonable effort to assist an applicant in making a request and to respond without delay to an applicant in an open, accurate and complete manner. (2) The applicant and the head of the public body shall communicate with one another under this Part through the coordinator. | s. 13 mentions a duty to assist, but no mention of clarification. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | Partially | 1 | 11. (1) A person may access a record or seek a correction of personal information by making a request to the public body that the person believes has custody or control of the record or personal information. (2) A request shall (a) be in the form set by the minister responsible for this Act; (b) provide sufficient details about the information requested so that an employee familiar with the records of the public body can identify and locate the record containing the information with reasonable efforts; and (c) indicate how and in what form the applicant would prefer to access the record. (3) An applicant may make an oral request for access to a record or correction of personal information where the applicant (a) has a limited ability to read or write English; or (b) has a disability or condition that impairs his or her ability to make a request. (4) A request under subsection (2) may be transmitted by electronic means. | This is inherent in s. 11 and Canada's protection for non-discrimination in the provision of services. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | N/A | Form 2A is an acknowledgement of request. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14. (1) The head of a public body may, upon notifying the applicant in writing, transfer a request to another public body not later than 5 business days after receiving it, where it appears that (a) the record was produced by or for the other public body; or (b) the record or personal information is in the custody of or under the control of the other public body. (2) The head of the public body to which a request is transferred shall respond to the request, and the provisions of this Act shall apply, as if the applicant had originally made the request to and it was received by that public body on the date it was transferred to that public body. | There are procedures in s. 14 with a requirement for notification, but authorities are allowed to transfer if the record was produced by or for another body (overly broad). |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 20 (1) Where the head of a public body informs an applicant under section 17 that access to a record or part of a record is granted, he or she shall (a) give the applicant a copy of the record or part of it, where the applicant requested a copy and the record can reasonably be reproduced; or (b) permit the applicant to examine the record or part of it, where the applicant requested to examine a record or where the record cannot be reasonably reproduced. (2) Where the requested information is in electronic form in the custody or under the control of a public body, the head of the public body shall produce a record for the applicant where (a) it can be produced using the normal computer hardware and software and technical expertise of the public body; and (b) producing it would not interfere unreasonably with the operations of the public body. (3) Where the requested information is information in electronic form that is, or forms part of, a dataset in the custody or under the control of a public body, the head of the public body shall produce the information for the applicant in an electronic form that is capable of re-use where (a) it can be produced using the normal computer hardware and software and technical expertise of the public body; (b) producing it would not interfere unreasonably with the operations of the public body; and (c) it is reasonably practicable to do so. (4) Where information that is, or forms part of, a dataset is produced, the head of the public body shall make it available for re-use in accordance with the terms of a licence that may be applicable to the dataset. (5) Where a record exists, but not in the form requested by the applicant, the head of the public body may, in consultation with the applicant, create a record in the form requested where the head is of the opinion that it would be simpler or less costly for the public body to do so. | 20 is very close to this, but the language that public bodies shall only create a record in the form requested where it would be simpler or less costly costs a point- though this does avoid the major pitfalls. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 16(1) The head of a public body shall respond to a request in accordance with section 17 or 18, without delay and in any event not more than 20 business days after receiving it, unless the time limit for responding is extended under section 23. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 16(1) The head of a public body shall respond to a request in accordance with section 17 or 18, without delay and in any event not more than 20 business days after receiving it, unless the time limit for responding is extended under section 23. (2) Where the head of a public body fails to respond within the period of 20 business days or an extended period, the head is considered to have refused access to the record or refused the request for correction of personal information. | 20 business day limit. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 23(1) The head of a public body may, not later than 15 business days after receiving a request, apply to the commissioner to extend the time for responding to the request. (2) The commissioner may approve an application for an extension of time where the commissioner considers that it is necessary and reasonable to do so in the circumstances, for the number of business days the commissioner considers appropriate. (3) The commissioner shall, without delay and not later than 3 business days after receiving an application, decide to approve or disapprove the application. (4) The time to make an application and receive a decision from the commissioner does not suspend the period of time referred to in subsection 16(1). (5) Where the commissioner does not approve the application, the head of the public body shall respond to the request under subsection 16 (1) without delay and in any event not later than 20 business days after receiving the request. (6) Where the commissioner approves the application and the time limit for responding is extended, the head of the public body shall, without delay, notify the applicant in writing (a) of the reason for the extension; (b) that the commissioner has authorized the extension; and (c) when a response can be expected. | All extensions require the approval of the Commissioner according to s. 23, which is a good process, and includes notification and explanation, but the lack of a firm time limit costs a point here. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 25(1) The head of a public body shall not charge an applicant for making an application for access to a record or for the services of identifying, retrieving, reviewing, severing or redacting a record. (2) The head of a public body may charge an applicant a modest cost for locating a record only, after (a) the first 10 hours of locating the record, where the request is made to a local government body; or (b) the first 15 hours of locating the record, where the request is made to another public body. (3) The head of a public body may require an applicant to pay (a) a modest cost for copying or printing a record, where the record is to be provided in hardcopy form; (b) the actual cost of reproducing or providing a record that cannot be reproduced or printed on conventional equipment then in use by the public body; and (c) the actual cost of shipping a record using the method chosen by the applicant. (4) Notwithstanding subsections (2) and (3), the head of the public body shall not charge an applicant a cost for a service in response to a request for access to the personal information of the applicant. (5) The cost charged for services under this section shall not exceed either (a) the estimate given to the applicant under section 26; or (b) the actual cost of the services. (6) The minister responsible for the administration of this Act may set the amount of a cost that may be charged under this section. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 8(3) The right of access to a record may be subject to the payment, under section 25, of the costs of reproduction, shipping and locating a record. 25(1) The head of a public body shall not charge an applicant for making an application for access to a record or for the services of identifying, retrieving, reviewing, severing or redacting a record. (2) The head of a public body may charge an applicant a modest cost for locating a record only, after (a) the first 10 hours of locating the record, where the request is made to a local government body; or (b) the first 15 hours of locating the record, where the request is made to another public body. (3) The head of a public body may require an applicant to pay (a) a modest cost for copying or printing a record, where the record is to be provided in hardcopy form; (b) the actual cost of reproducing or providing a record that cannot be reproduced or printed on conventional equipment then in use by the public body; and (c) the actual cost of shipping a record using the method chosen by the applicant. (4) Notwithstanding subsections (2) and (3), the head of the public body shall not charge an applicant a cost for a service in response to a request for access to the personal information of the applicant. (5) The cost charged for services under this section shall not exceed either (a) the estimate given to the applicant under section 26; or (b) the actual cost of the services. (6) The minister responsible for the administration of this Act may set the amount of a cost that may be charged under this section. | 8(3) and 25 limits costs to reproduction, shipping and locating a record - with no charges for identifying, retrieving, reviewing, severing or redacting a record, and allows minister to set them centrally. 25(2) allows for a certain time spent searching for free but then allows public bodies to charge. This is a major improvement over previous language, but still not perfect. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | 26(3) The head of a public body may, on receipt of an application from an applicant, waive the payment of all or part of the costs payable under section 25 where the head is satisfied that (a) payment would impose an unreasonable financial hardship on the applicant; or (b) it would be in the public interest to disclose the record. | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 5(2) This Act (a) is in addition to existing procedures for access to records or information normally available to the public, including a requirement to pay fees; 7(1) Where there is a conflict between this Act or a regulation made under this Act and another Act or regulation enacted before or after the coming into force of this Act, this Act or the regulation made under it shall prevail. Schedule 1. | 7(1) provides for an override, though 5(2)(a) allows for conflicting fee schedules. Schedule 1 provides for a paramountcy clause for 20 laws, costing them points here. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 5. (1) This Act applies to all records in the custody of or under the control of a public body but does not apply to (g) a record containing teaching materials or research information of an employee of a postsecondary educational institution; 33(2) The head of a public body shall refuse to disclose to an applicant all relevant information created or gathered for the purpose of a workplace investigation. 34(1) The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to (a) harm the conduct by the government of the province of relations between that government and the following or their agencies: (i) the government of Canada or a province, (ii) the council of a local government body, (iii) the government of a foreign state, (iv) an international organization of states, or (v) the Nunatsiavut Government; or (b) reveal information received in confidence from a government, council or organization listed in paragraph (a) or their agencies. 41 The Speaker of the House of Assembly, the officer responsible for a statutory office, or the head of a public body shall refuse to disclose to an applicant information (a) where its non-disclosure is required for the purpose of avoiding an infringement of the privileges of the House of Assembly or a member of the House of Assembly; | 5(1)(g) - records of teaching materials or research information from post secondary instititions - this is overly broad 33 - workpplace investigations; 34 - intergovernmental relations; 41 - privileges of the House |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | 5(j) - (m), 27-29, 26.1, 39(1)(c)(iv) | 5(j) exempts material related to an unfinished prosecution, with no requirement for harm - see also (k), (l) and (m). 27-29 - internal deliberations; 26.1 - labour relations; 39(1)(c) (iv) information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 9(1) Where the head of a public body may refuse to disclose information to an applicant under a provision listed in subsection (2), that discretionary exception shall not apply where it is clearly demonstrated that the public interest in disclosure of the information outweighs the reason for the exception. (2) Subsection (1) applies to the following sections: (a) section 28 (local public body confidences); (b) section 29 (policy advice or recommendations); (c) subsection 30 (1) (legal advice); (d) section 32 (confidential evaluations); (e) section 34 (disclosure harmful to intergovernmental relations or negotiations); (f) section 35 (disclosure harmful to the financial or economic interests of a public body); (g) section 36 (disclosure harmful to conservation); and (h) section 38 (disclosure harmful to labour relations interests of public body as employer). (3) Whether or not a request for access is made, the head of a public body shall, without delay, disclose to the public, to an affected group of people or to an applicant, information about arisk of significant harm to the environment or to the health or safety of the public or a group of people, the disclosure of which is clearly in the public interest. (4) Subsection (3) applies notwithstanding a provision of this Act. (5) Before disclosing information under subsection (3), the head of a public body shall, where practicable, give notice of disclosure in the form appropriate in the circumstances to a third party to whom the information relates. | 9 - but this section does not apply to Cabinet confidences, solicitor-client privilege of a third-party, workplace investigations, public safety , third-party business interests and personal privacy, or to the exceptions in s. 5. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | N/A | Sunset clauses apply to some, but not all, exceptions. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 19(1) Where the head of a public body intends to grant access to a record or part of a record that the head has reason to believe contains information that might be excepted from disclosure under section 39 or 40, the head shall make every reasonable effort to notify the third party. (2) The time to notify a third party does not suspend the period of time referred to in subsection 16 (1). (3) The head of the public body may provide or describe to the third party the content of the record or part of the record for which access is requested. (4) The third party may consent to the disclosure of the record or part of the record. (5) Where the head of a public body decides to grant access to a record or part of a record and the third party does not consent to the disclosure, the head shall inform the third party in writing (a) of the reasons for the decision and the provision of this Act on which the decision is based; (b) of the content of the record or part of the record for which access is to be given; (c) that the applicant will be given access to the record or part of the record unless the third party, not later than 15 business days after the head of the public body informs the third party of this decision, files a complaint with the commissioner under section 42 or appeals directly to the Trial Division under section 53; and (d) how to file a complaint or pursue an appeal. (6) Where the head of a public body decides to grant access and the third party does not consent to the disclosure, the head shall, in a final response to an applicant, state that the applicant will be given access to the record or part of the record on the completion of the period of 15 business days referred to in subsection (5), unless a third party files a complaint with the commissioner under section 42 or appeals directly to the Trial Division under section 53. (7) The head of the public body shall not give access to the record or part of the record until (a) he or she receives confirmation from the third party or the commissioner that the third party has exhausted any recourse under this Act or has decided not to file a complaint or commence an appeal; or (b) a court order has been issued confirming the decision of the public body. (8) The head of the public body shall advise the applicant as to the status of a complaint filed or an appeal commenced by the third party. (9) The third party and the head of the public body shall communicate with one another under this Part through the coordinator. | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 8(1) A person who makes a request under section 11 has a right of access to a record in the custody or under the control of a public body, including a record containing personal information about the applicant. (2) The right of access to a record does not extend to information excepted from disclosure under this Act, but if it is reasonable to sever that information from the record, an applicant has a right of access to the remainder of the record. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 17(1) In a final response to a request for access to a record, the head of a public body shall inform the applicant in writing (a) whether access to the record or part of the record is granted or refused; (b) if access to the record or part of the record is granted, where, when and how access will be given; and (c) if access to the record or part of the record is refused, (i) the reasons for the refusal and the provision of this Act on which the refusal is based, and (ii) that the applicant may file a complaint with the commissioner under section 42 or appeal directly to the Trial Division under section 52 , and advise the applicant of the applicable time limits and how to file a complaint or pursue an appeal. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 42(1) A person who makes a request under this Act for access to a record or for correction of personal information may file a complaint with the commissioner respecting a decision, act or failure to act of the head of the public body that relates to the request. (2) A complaint under subsection (1) shall be filed in writing not later than 15 business days (a) after the applicant is notified of the decision of the head of the public body, or the date of the act or failure to act; or (b) after the date the head of the public body is considered to have refused the request under subsection 16 (2). (3) A third party informed under section 19 of a decision of the head of a public body to grant access to a record or part of a record in response to a request may file a complaint with the commissioner respecting that decision. (4) A complaint under subsection (3) shall be filed in writing not later than 15 business days after the third party is informed of the decision of the head of the public body. (5) The commissioner may allow a longer time period for the filing of a complaint under this section. (6) A person or third party who has appealed directly to the Trial Division under subsection 52 (1) or 53 (1) shall not file a complaint with the commissioner. (7) The commissioner shall refuse to investigate a complaint where an appeal has been commenced in the Trial Division. (8) A complaint shall not be filed under this section with respect to (a) a request that is disregarded under section 21; (b) a decision respecting an extension of time under section 23; (c) a variation of a procedure under section 24 ; or (d) an estimate of costs or a decision not to waive a cost under section 26. (9) The commissioner shall provide a copy of the complaint to the head of the public body concerned. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | 85 (1) The office of the Information and Privacy Commissioner is continued. (2) The office shall be filled by the Lieutenant-Governor in Council on a resolution of the House of Assembly. (3) Before an appointment is made, the Speaker shall establish a selection committee comprising (a) the Clerk of the Executive Council or his or her deputy; (b) the Clerk of the House of Assembly or, where the Clerk is unavailable, the Clerk Assistant of the House of Assembly; (c) the Chief Judge of the Provincial Court or another judge of that court designated by the Chief Judge; and (d) the President of Memorial University or a vice-president of Memorial University designated by the President. (4) The selection committee shall develop a roster of qualified candidates and in doing so may publicly invite expressions of interest for the position of commissioner. (5) The selection committee shall submit the roster to the Speaker of the House of Assembly. (6) The Speaker shall (a) consult with the Premier, the Leader of the Official Opposition and the leader or member of a registered political party that is represented on the House of Assembly Management Commission; and(b) cause to be placed before the House of Assembly a resolution to appoint as commissioner one of the individuals named on the roster. 88 (1) The Lieutenant-Governor in Council, on a resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may remove the commissioner from office or suspend him or her because of an incapacity to act, or for neglect of duty or for misconduct. (2) When the House of Assembly is not in session, the Lieutenant-Governor in Council may suspend the commissioner because of an incapacity to act, or for neglect of duty or for misconduct, but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly. | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 90 (1) The commissioner shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission. (2) The salary of the commissioner shall not be reduced except on resolution of the House of Assembly. (3) The commissioner is subject to the Public Service Pensions Act, 2019 where he or she was subject to that Act prior to his or her appointment as commissioner. (4) Where the commissioner is not subject to the Public Service Pensions Act, 2019 prior to his or her appointment as commissioner, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (3) applicable. (5) The commissioner is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (4) applies. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 97(1) This section and section 98 apply to a record notwithstanding (a) paragraph 5 (1)(c), (d), (e), (f), (g), (h) or (i); (b) subsection 7 (2); (c) another Act or regulation; or (d) a privilege under the law of evidence. (2) The commissioner has the powers, privileges and immunities that are or may be conferred on a commissioner under the Public Inquiries Act, 2006. (3) The commissioner may require any record in the custody or under the control of a public body that the commissioner considers relevant to an investigation to be produced to the commissioner and may examine information in a record, including personal information. (4) As soon as possible and in any event not later than 10 business days after a request is made by the commissioner, the head of a public body shall produce to the commissioner a record or a copy of a record required under this section. 5) The head of a public body may require the commissioner to examine the original record at a site determined by the head where (a) the head of the public body has a reasonable basis for concern about the security of a record that is subject to solicitor and client privilege or litigation privilege; (b) the head of the public body has a reasonable basis for concern about the security of another record and the Commissioner agrees there is a reasonable basis for concern; or (c) it is not practicable to make a copy of the record. (6) The head of a public body shall not place a condition on the ability of the commissioner to access or examine a record required under this section, other than that provided in subsection (5). 98. The commissioner has the right (a) to enter an office of a public body and examine and make copies of a record in the custody of the public body; and (b) to converse in private with an officer or employee of the public body. | Some information is not subject to the commissioner's powers. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 50 (1) This section applies to a recommendation of the commissioner under section 47 that the head of the public body (a) grant the applicant access to the record or part of the record; or (b) make the requested correction to personal information. (2) Where the head of the public body decides not to comply with a recommendation of the commissioner referred to in subsection (1) in whole or in part, the head shall, not later than 10 business days after receipt of that recommendation, apply to the Trial Division for a declaration that the public body is not required to comply with that recommendation because (a) the head of the public body is authorized under this Part to refuse access to the record or part of the record, and, where applicable, it has not been clearly demonstrated that the public interest in disclosure of the information outweighs the reason for the exception; (b) the head of the public body is required under this Part to refuse access to the record or part of the record; or (c) the decision of the head of the public body not to make the requested correction to personal information is in accordance with this Act or the regulations. (3) The head shall, within the time frame referred to in subsection (2), serve a copy of the application for a declaration on the commissioner, the minister responsible for the administration of this Act, and a person who was sent a copy of the commissioner’s report. (4) The commissioner, the minister responsible for this Act, or a person who was sent a copy of the commissioner’s report may intervene in an application for a declaration by filing a notice to that effect with the Trial Division. (5) Sections 57 to 60 apply, with the necessary modifications, to an application by the head of a public body to the Trial Division for a declaration. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 50 (1) This section applies to a recommendation of the commissioner under section 47 that the head of the public body (a) grant the applicant access to the record or part of the record; or (b) make the requested correction to personal information. (2) Where the head of the public body decides not to comply with a recommendation of the commissioner referred to in subsection (1) in whole or in part, the head shall, not later than 10 business days after receipt of that recommendation, apply to the Trial Division for a declaration that the public body is not required to comply with that recommendation because (a) the head of the public body is authorized under this Part to refuse access to the record or part of the record, and, where applicable, it has not been clearly demonstrated that the public interest in disclosure of the information outweighs the reason for the exception; (b) the head of the public body is required under this Part to refuse access to the record or part of the record; or (c) the decision of the head of the public body not to make the requested correction to personal information is in accordance with this Act or the regulations. (3) The head shall, within the time frame referred to in subsection (2), serve a copy of the application for a declaration on the commissioner, the minister responsible for the administration of this Act, and a person who was sent a copy of the commissioner’s report. (4) The commissioner, the minister responsible for this Act, or a person who was sent a copy of the commissioner’s report may intervene in an application for a declaration by filing a notice to that effect with the Trial Division. (5) Sections 57 to 60 apply, with the necessary modifications, to an application by the head of a public body to the Trial Division for a declaration. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | N/A | The OIPC already has a role in determining timeline extensions, fee estimates, etc. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 52(1) Where an applicant has made a request to a public body for access to a record or correction of personal information and has not filed a complaint with the commissioner under section 42, the applicant may appeal the decision, act or failure to act of the head of the public body that relates to the request directly to the Trial Division. (2) An appeal shall be commenced under subsection (1) not later than 15 business days (a) after the applicant is notified of the decision of the head of the public body, or the date of the act or failure to act; or (b) after the date the head of the public body is considered to have refused the request under subsection 16(2). (3) Where an applicant has filed a complaint with the commissioner under section 42 and the commissioner has refused to investigate the complaint, the applicant may commence an appeal in the Trial Division of the decision, act or failure to act of the head of the public body that relates to the request for access to a record or for correction of personal information. (4) An appeal shall be commenced under subsection (3) not later than 15 business days after the applicant is notified of the commissioner’s refusal under subsection 45 (2). | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Request for review forms. | Forms are simple, and there is no mention of fees. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 42(1) A person who makes a request under this Act for access to a record or for correction of personal information may file a complaint with the commissioner respecting a decision, act or failure to act of the head of the public body that relates to the request. (2) A complaint under subsection (1) shall be filed in writing not later than 15 business days (a) after the applicant is notified of the decision of the head of the public body, or the date of the act or failure to act; or (b) after the date the head of the public body is considered to have refused the request under subsection 16 (2). (3) A third party informed under section 19 of a decision of the head of a public body to grant access to a record or part of a record in response to a request may file a complaint with the commissioner respecting that decision. (4) A complaint under subsection (3) shall be filed in writing not later than 15 business days after the third party is informed of the decision of the head of the public body. (5) The commissioner may allow a longer time period for the filing of a complaint under this section. (6) A person or third party who has appealed directly to the Trial Division under subsection 52(1) or 53(1) shall not file a complaint with the commissioner. (7) The commissioner shall refuse to investigate a complaint where an appeal has been commenced in the Trial Division. (8) A complaint shall not be filed under this section with respect to (a) a request that is disregarded under section 21; (b) a decision respecting an extension of time under section 23; (c) a variation of a procedure under section 24; or (d) an estimate of costs or a decision not to waive a cost under section 26. (9) The commissioner shall provide a copy of the complaint to the head of the public body concerned. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 44 - 49. | 44-49, along with the regulations, provide procedural guidance, and 46 provides a timeline of 65 business days. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | 43 (1) On an investigation of a complaint from a decision to refuse access to a record or part of a record, the burden is on the head of a public body to prove that the applicant has no right of access (2) On an investigation of a complaint from a decision to give an applicant access to a record or part of a record containing personal information that relates to a third party, the burden is on the head of a public body to prove that the disclosure of the information would not be contrary to this Act or the regulations. (3) On an investigation of a complaint from a decision to give an applicant access to a record or part of a record containing information, other than personal information, that relates to a third party, the burden is on the third party to prove that the applicant has no right of access to the record or part of the record. 59 (2) The burden of proof in section 43 applies, with the necessary modifications, to an appeal. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 47 On completing an investigation, the commissioner may recommend that (d) other improvements for access to information be made within the public body. | |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 115 (1) A person who wilfully collects, uses or discloses personal information in contravention of this Act or the regulations is guilty of an offence and liable, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term not exceeding 6 months, or to both. (2) A person who wilfully (a) attempts to gain or gains access to personal information in contravention of this Act or the regulations; (b) makes a false statement to, or misleads or attempts to mislead the commissioner or another person performing duties or exercising powers under this Act; (c) obstructs the commissioner or another person performing duties or exercising powers under this Act; (d) destroys a record or erases information in a record that is subject to this Act, or directs another person to do so, with the intent to evade a request for access to records; or (e) alters, falsifies or conceals a record that is subject to this Act, or directs another person to do so, with the intent to evade a request for access to records, is guilty of an offence and liable, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term not exceeding 6 months, or to both. (3) A prosecution for an offence under this Act shall be commenced within 2 years of the date of the discovery of the offence. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 105. The commissioner shall report annually to the House of Assembly through the Speaker on (a) the exercise and performance of his or her duties and functions under this Act; (b) a time analysis of the functions and procedures in matters involving the commissioner in a complaint, from the date of receipt of the request for access or correction by the public body to the date of informal resolution, the issuing of the commissioner’s report, or the withdrawal or abandonment of the complaint, as applicable; (c) persistent failures of public bodies to fulfil the duty to assist applicants, including persistent failures to respond to requests in a timely manner; (d) the commissioner’s recommendations and whether public bodies have complied with the recommendations; (e) the administration of this Act by public bodies and the minister responsible for this Act; and (f) other matters about access to information and protection of privacy that the commissioner considers appropriate. 114(1) An action does not lie against the government of the province, a public body, the head of a public body, an elected or appointed official of a local public body or a person acting for or under the direction of the head of a public body for damages resulting from (a) the disclosure of or a failure to disclose, in good faith, a record or part of a record or information under this Act or a consequence of that disclosure or failure to disclose; or (b) the failure to give a notice required by this Act where reasonable care is taken to ensure that notices are given. (2) An action does not lie against a Member of the House of Assembly for disclosing information obtained from a public body in accordance with paragraph 68(1)(k) while acting in good faith on behalf of an individual. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | Public Interest Disclosure and Whistleblower Protection Act | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 109(1) A local public body shall, by by-law, resolution or other instrument, designate a person or group of persons as the head of the local public body for the purpose of this Act, and once designated, the local public body shall advise the minister responsible for this Act of the designation. (2) A local government body or group of local government bodies shall (a) by by-law, resolution or other instrument, designate a person or group of persons, for the purpose of this Act, as the head of an unincorporated entity owned by or created for the local government body or group of local government bodies; and (b) advise the minister responsible for this Act of the designation. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 95 (2) In addition to the commissioner’s powers and duties under Parts II and III, the commissioner shall exercise and perform the following powers and duties: (a) inform the public about this Act; (b) develop and deliver an educational program to inform people of their rights and the reasonable limits on those rights under this Act and to inform public bodies of their responsibilities and duties, including the duty to assist, under this Act; (c) provide reasonable assistance, upon request, to a person; (d) receive comments from the public about the administration of this Act and about matters concerning access to information and the confidentiality, protection and correction of personal information; (e) comment on the implications for access to information or for protection of privacy of proposed legislative schemes, programs or practices of public bodies; (f) comment on the implications for protection of privacy of (i) using or disclosing personal information for record linkage, or (ii) using information technology in the collection, storage, use or transfer of personal information; (g) take actions necessary to identify, promote, and where possible cause to be made adjustments to practices and procedures that will improve public access to information and protection of personal information; | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 95 (2) In addition to the commissioner’s powers and duties under Parts II and III, the commissioner shall exercise and perform the following powers and duties: (a) inform the public about this Act; (b) develop and deliver an educational program to inform people of their rights and the reasonable limits on those rights under this Act and to inform public bodies of their responsibilities and duties, including the duty to assist, under this Act; (c) provide reasonable assistance, upon request, to a person; (d) receive comments from the public about the administration of this Act and about matters concerning access to information and the confidentiality, protection and correction of personal information; (e) comment on the implications for access to information or for protection of privacy of proposed legislative schemes, programs or practices of public bodies; (f) comment on the implications for protection of privacy of (i) using or disclosing personal information for record linkage, or (ii) using information technology in the collection, storage, use or transfer of personal information; (g) take actions necessary to identify, promote, and where possible cause to be made adjustments to practices and procedures that will improve public access to information and protection of personal information; | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | 111(1) The commissioner shall create a standard template for the publication of information by public bodies to assist in identifying and locating records in the custody or under the control of public bodies. (2) The head of a public body shall adapt the standard template to its functions and publish its own information according to that adapted template. (3) The published information shall include (a) a description of the mandate and functions of the public body and its components; (b) a description and list of the records in the custody or under the control of the public body, including personal information banks; | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | Partially | 1 | 113.The minister responsible for this Act shall report annually to the House of Assembly on the administration of this Act and shall include information about (a) the number of requests for access and whether they were granted or denied; (b) the specific provisions of this Act used to refuse access; (c) the number of requests for correction of personal information; (d) the costs charged for access to records; and (e) systemic and other issues raised by the commissioner in the annual reports of the commissioner. 116. The Lieutenant-Governor in Council may make regulations (m) requiring public bodies to provide to the minister responsible for this Act information that relates to its administration or is required for preparing the minister's annual report; | 113 requires reports from the Minister with that kind of statistical information, implying a need to collect at least some of it. This is reinforced by 116(m), but still to vague for full points. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | Partially | 2 | 105 The commissioner shall report annually to the House of Assembly through the Speaker on (a) the exercise and performance of his or her duties and functions under this Act; (b) a time analysis of the functions and procedures in matters involving the commissioner in a complaint, from the date of receipt of the request for access or correction by the public body to the date of informal resolution, the issuing of the commissioner’s report, or the withdrawal or abandonment of the complaint, as applicable; (c) persistent failures of public bodies to fulfil the duty to assist applicants, including persistent failures to respond to requests in a timely manner; (d) the commissioner’s recommendations and whether public bodies have complied with the recommendations; (e) the administration of this Act by public bodies and the minister responsible for this Act; and (f) other matters about access to information and protection of privacy that the commissioner considers appropriate. |
