Refer a matter to the Court of King’s Bench

You can refer a matter to the Court of King’s Bench if you are not satisfied with a public body’s response to your request for information. You can also refer a matter to the court if you’re a third party and aren’t happy with a public body’s decision to disclose information about you. If you refer a matter to the Court of King’s Bench, you can’t also file a complaint with the Ombud. You can file a referral to the court within a specified timeline by completing the appropriate form and sending it to the Clerk of the Court of King’s Bench.

If you’re an applicant

You can refer a matter to the Court of King’s Bench in the following situations:

• You requested access to a record and are not satisfied with a public body’s response.
• You requested access to a record and didn’t receive a final response.

Note: If you refer the matter to the Court of King’s Bench, then you can’t file a complaint with the Ombud.

You must refer the matter to the Court of King’s Bench within 40 business days after receiving the public body’s response. If you didn’t receive a response, you must refer the matter to the court within 40 business days of the expiry of the deadline.

If you’re a third party

You can refer a matter to the Court of King’s Bench if you’re a third party and a public body informed you of their intention to disclose your information to someone else.

You must refer the matter to the Court of King’s Bench within 15 business days after the date notice was given by the public body.

Submit the following to the Clerk of the Court of King’s Bench:

• If you’re an applicant, a completed Referral form (Form 1), or
• If you’re a third party, a completed Referral form (Form 4).

You may also want to include a copy of your request and a written description of why you are not satisfied with the public body’s response.

Send your referral to the Clerk of the Court of King’s Bench. For any questions about the referral process, contact the Clerk’s Office in the your region.

If you’re an applicant

The judge will set a time and date for a hearing, following which the Court may:

• Order the public body to grant you access to the records, either in full or partially, or
• Agree with the public body’s decision to refuse a request for access to a record.

If the public body didn’t respond to your request for access, the Court may order the public body to grant or refuse the request, either fully or partially.

If you’re a third party

If a public body informs you, as a third party, of their intent to release information related to you, and you choose to refer the matter to the Court of King’s Bench, a hearing will be scheduled by a judge. During the hearing, the Court may order the public body to release the information, either fully or partially, or they might deny access.

No right to appeal

The decision made by the judge of the Court of King's Bench is not subject to further appeal.