Access to Information Act

Marginal note:Information Commissioner may apply or appear

• 42 (1) The Information Commissioner may

  • (a) apply to the Court, within the time limits prescribed by section 41, for a review of any refusal to disclose a record requested under this Act or a part thereof in respect of which an investigation has been carried out by the Information Commissioner, if the Commissioner has the consent of the person who requested access to the record;

  • (b) appear before the Court on behalf of any person who has applied for a review under section 41; or

  • (c) with leave of the Court, appear as a party to any review applied for under section 41 or 44.

• Marginal note:Applicant may appear as party

  (2) Where the Information Commissioner makes an application under paragraph (1)(a) for a review of a refusal to disclose a record requested under this Act or a part thereof, the person who requested access to the record may appear as a party to the review.