Make an access complaint

You can challenge a public body’s response to your right to information request or request for correction. You can also challenge a public body’s decision to release information related to you if you’ve been notified of a public body’s intent to do so. Depending on the circumstances, you can either file a complaint with the Ombud or refer the matter to the Court of King’s Bench. Complaints need to be filed within 40 business days if you’re an applicant or 15 business days if you’re a third party.

If you’re an applicant

You can complain to the Ombud if you are not satisfied with a decision, an act, or an omission of a public body in relation to your request. Some examples of when you can make a complaint include:

• You are not satisfied with a public body’s decision to extend the time to respond to your request.
• You were asked for additional information by the public body and you did not respond within the due date. In this case, the public body may have decided to discontinue your request and you’re not satisfied with their decision.
• You are not satisfied with a public body’s response to your request. In this instance you can complain to the Ombud or refer the matter to the Court of King’s Bench, but you can’t do both.

You need to file a complaint with the Ombud within 40 business days of:

• The date you were notified of the decision by the public body, or
• The date you should have received a response.

If you’re a third party

If you’re a third party and don’t agree with the public body’s decision to disclose your information, you can make a complaint to the Ombud or refer the matter to the Court of King’s Bench. You can’t do both.

You must make your complaint to the Ombud within 15 business days after being notified of the public body’s decision.

Complaint about an access request

Include these documents with your complaint about a request for information:

• A completed complaint form (Form 2),
• A copy of your request for information, and
• A description of why you are not satisfied with the public body’s response. It’s helpful to provide a copy of the public body’s response so the Ombud understands your complaint better.

Complaint about a correction of personal information

Include these documents with your complaint about a refusal to correct your personal information:

• A completed complaint form (Form 2),
• A copy of your request for correction, and
• A description of why you are not satisfied with the public body’s response. It’s helpful to provide a copy of the public body’s response so the Ombud understands your complaint better.

If you’re a third party

If a public body notifies you of its intention to disclose information about you in its response to someone else’s access request, and you want to file a complaint, you need to include the following documents:

• A completed complaint form (Form 5), and
• A copy of the public body’s decision on the disclosure of your information.

Send your complaint to the Ombud.

Informal resolution

The Ombud will first try to solve your complaint informally. This may include requesting information and explanations from the public body. They will ask if you feel the complaint has been resolved to your satisfaction.

Resolving a complaint informally must be completed within 45 business days of the start of the resolution process. If the complaint is not resolved informally within 45 business days, the Ombud may ask if you consent to continuing to try to resolve your complaint informally beyond the 45 business days.

Formal investigation

If a complaint can’t be resolved informally, the Ombud may decide to conduct a formal investigation of your complaint. During a formal investigation the Ombud will review the complaint and may seek further comments from you and the public body. An investigation must be completed within 90 business days unless the Ombud extends the timeline. They will tell you if they need more time to complete the investigation.

At the end of the investigation the Ombud will inform you and the public body of the outcome of the recommendations that may be needed. The public body then has 20 business days to either accept or not accept the Ombud’s recommendations. The public body will write to you and let you know whether they accept the recommendations.

Your right to appeal

You can appeal the matter to the Court of King’s Bench if the public body does not accept the Ombud’s recommendations.

• If you’re an applicant, you must file the appeal within 40 business days after being advised by the public body that they did not accept the Ombud’s recommendations.
• If you’re a third party, you must file the appeal within 15 business days after being notified the public body didn’t accept the Ombud’s recommendations.

If you decide not to appeal the decision, the Ombud may on their own appeal the matter to a judge of the Court of King’s Bench.