HOW & WHEN TO FILE AN APPEAL

1. You may appeal any decision or action that has taken place or not taken place with respect to your request for information.

   Under the FOI Law, individuals who are unhappy with the response of a Public Authority to an access request may seek the assistance from the Commissioner for any number of things, including beliefs that a Public Authority inappropriately:

   • Refused access to the record and/or granted partial access to the record;
   • Deferred access to the record;
   • Charged a fee for access;
   • Refused to waive a fee;
   • Responded to the request or responded to the request outside of the time limits set by the Law;
   • Requested reasons before responding to the request;
   • Extended the time for responding without reasonable cause and/or failed to give reasons for the extension;
   • Transferred the request and/or inappropriately transferred the request;
   • Inappropriately refused to respond to the request because the request was deemed vexatious;
   • Refused to respond to the request because it would unreasonably divert public resources;
   • Refused to respond to the request because the information is already in the public domain;
   • Refused to provide the record in the requested form;
   • Refused to amend or annotate a requester’s personal information;
   • Improperly amended or annotated a requester’s personal information;
   • Refused to conduct an Internal Review;
   • Disclosed the personal information of a third party without providing the third party prior notice of the pending disclosure;
   • Refused or failed to expedite the processing of the request;
   • Withheld personal information about a child from the parent or guardian.

2. Specific types of disputes MUST first go through an Internal Review process before the Commissioner can review the matter.

   If your dispute arises from the fact that a Public Authority:

   • Refused access to the requested record or provided only partial access to the requested record;
   • Failed to respond at all to your request and the 30 day (or 60 day if the Public Authority has taken an extension) time period has elapsed;
   • Deferred (put off) responding to your request;
   • Refused to amend or properly annotate your personal information;
   • Issued a fee you disagree with or refused to waive the fee.

   …you must first apply to the Chief Officer of the Public Authority within 30 days for Internal Review. You must address your request for Internal Review to “The Chief Officer” of the Public Authority, at the same contact numbers that you used to file your request. A list of Information Managers and Public Authorities is located here. The Chief Officer has 30 days from the date you requested an Internal Review to complete the review and provide you with a decision.

3. If you believe the Public Authority missed certain records when they searched for records responsive to your request, you must discuss it with the Information Manager before you file an appeal to the Commissioner.

   If you believe a Public Authority has not conducted a reasonable search for records your requested, you must first tell the Information Manager what you think is missing, and give the Information Manager an opportunity to respond to your concerns and try to resolve the dispute. If you have not done this before you file your appeal with the Commissioner, you will be directed to do this before your appeal is considered.

4. If your dispute arises from any other matter, or if your dispute has already been through Internal Review you may appeal the matter directly to the Information Commissioner.

   If you wish, you may print off and use this handy appeal form to file your appeal, or simply write (letter, e-mail or fax) to the Commissioner. However, in order to properly open your appeal, the Commissioner requires the following documents:

   • Your original request
   • Public Authority’s response
   • Internal Review decision (if applicable)
   • Written (letter, fax, or e-mail) request for an appeal explaining your position with respect to the matter and the remedy or outcome you are seeking from the Commissioner
   • Your name, address, phone and/or e-mail address
   • Any other information you believe is important to the matter

5. You have 30 days to file your appeal.

   You must file your appeal within 30 days of the notice of decision by the Public Authority, or within 30 days of the notice of the decision at Internal Review, as applicable. If you file your appeal after the 30-day period, you must explain your reasons for filing your appeal late, and ask the Commissioner to accept your appeal outside the time allowed.