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| No.: |
67 |
| DATE: |
September 17, 1999 |
| TO: |
Access to Information and Privacy Co-ordinators |
1. Guidance on applying time extensions under section 9 of the
Access
to Information Act
Attached as Appendix A is guidance on the application of section 9 of the
Access
to Information Act. In
brief, we are advising you to apply the time extension contained in section 9 of the Act whenever possible if
you cannot respond to a request in the first thirty days, and to ensure that the extension
you apply is adequate to cover completion of the request.
2. Section 67.1 and transitory records
Attached as Appendix B is guidance on section 67.1 and transitory records. To
allay general apprehension surrounding the introduction of the sanction provision in
section 67.1, we are reminding institutions that good information management, as set
out in the Policy on the Management of Government Information Holdings and the
ATIP and National Archives legislation and policies, is the best protection against
any potential violation.
We are also confirming our advice to institutions to treat possible contraventions
of section 67.1 in the same manner as other criminal acts and to notify the appropriate
law enforcement agency.
3. Implications of the Federal Court of Appeal decision on "deemed refusals"
Attached as Appendix C is a description of the implications of the Federal Court of
Appeal decision regarding "deemed refusals". This emphasizes the need to
properly apply section 9 extensions and to ensure that requests are completed within
the legislated timeframes. Otherwise you could be compelled to release unreviewed
records.
Any questions on any of these issues may be directed to either Mary Anne Stevens or
Ross Hodgins. You can reach Mary Anne by phone at (613)957-2485 or by e-mail at
Stevens.MaryAnne@tbs-sct.gc.ca.
You can reach Ross at (613)957-2486 or at Hodgins.Ross@tbs-sct.gc.ca
. The fax number has changed to (613)952-7287.
All of these issues will be discussed at the next ATIP Information Session on September 24, 1999.
Mary Anne Stevens
Senior Project Officer
Information and Security Policy Division
Government Operations Sector
Attach.
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