Access to Information Act

Marginal note:Investigations in private

• 35 (1) Every investigation of a complaint under this Part by the Information Commissioner shall be conducted in private.

• Marginal note:Right to make representations

  (2) In the course of an investigation of a complaint under this Part by the Information Commissioner, a reasonable opportunity to make representations shall be given to

  • (a) the person who made the complaint,

  • (b) the head of the government institution concerned,

  • (c) a third party if

    • (i) the Information Commissioner intends to make an order, under subsection 36.1(1), requiring the disclosure of a record or a part of a record — or to recommend the disclosure of a record or a part of a record — that contains, or that the Commissioner has reason to believe might contain, trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and

    • (ii) the third party can reasonably be located, and

  • (d) the Privacy Commissioner, if the Information Commissioner consults him or her under subsection 36(1.1) or section 36.2.

  However no one is entitled as of right to be present during, to have access to or to comment on representations made to the Information Commissioner by any other person.