ACCESS TO GOVERNMENT RECORDSRequests for Access Fees
11. (1) Subject to this section, a person who makes a request for access to a record under this Act may be required to pay
(a) at the time the request is made, such application fee, not exceeding twenty-five dollars, as may be prescribed by regulation;
(b) before any copies are made, such fee as may be prescribed by regulation reflecting the cost of reproduction calculated in the manner prescribed by regulation; and
(c) before the record is converted into an alternative format or any copies are made in that format, such fee as may be prescribed by regulation reflecting the cost of the medium in which the alternative format is produced.
Additional payment
(2) The head of a government institution to which a request for access to a record is made under this Act may require, in addition to the fee payable under paragraph (1)(a), payment of an amount, calculated in the manner prescribed by regulation, for every hour in excess of five hours that is reasonably required to search for the record or prepare any part of it for disclosure, and may require that the payment be made before access to the record is given.
Where a record is produced from a machine readable record
(3) Where a record requested under this Act is produced as a result of the request from a machine readable record under the control of a government institution, the head of the institution may require payment of an amount calculated in the manner prescribed by regulation.
Deposit
(4) Where the head of a government institution requires payment of an amount under subsection (2) or (3) in respect of a request for a record, the head of the institution may require that a reasonable proportion of that amount be paid as a deposit before the search or production of the record is undertaken or the part of the record is prepared for disclosure.
Notice
(5) Where the head of a government institution requires a person to pay an amount under this section, the head of the institution shall
(a) give written notice to the person of the amount required; and
(b) state in the notice that the person has a right to make a complaint to the Information Commissioner about the amount required.
Waiver
(6) The head of a government institution to which a request for access to a record is made under this Act may waive the requirement to pay a fee or other amount or a part thereof under this section or may refund a fee or other amount or a part thereof paid under this section. R.S. 1985, c. A-1, s.11; 1992, c.21, s.2.
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