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Disclaimer We have attempted to ensure that the information provided in this Manual is reasonably accurate and complete as of December 2005. However, we cannot guarantee complete accuracy or comprehensiveness; you should consult the relevant legislation and authorities if you seek fully accurate, complete, and up-to-date information. Moreover, this Manual provides information of a general nature and does not constitute legal advice. Should you need legal advice, seek a lawyer. Please report any errors or omissions in this Manual to
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ACCESSING YOUR PERSONAL INFORMATION IN QUEBEC
WHO CAN REQUEST PERSONAL INFORMATION?
Anyone can request access to his or her own personal information. For information on requesting personal information about someone else, see Accessing Government Information in Quebec.
WHAT INFORMATION CAN I ACCESS?
You have the right to access any document, containing your own personal information, under the control of a public body, subject to certain exceptions described below. Public bodies include the Lieutenant Governor, the National Assembly, and agencies such as educational and health care bodies and municipalities.
WHAT IF THERE’S A MISTAKE IN MY PERSONAL INFORMATION?
You have the right to correct mistakes of fact, but not opinion, found in your personal information. To make such a correction, you must make a written request to the relevant public body's designated person in charge of access. A list of these people is available at: http://www.cai.gouv.qc.ca/index-en.html.
WHAT ARE THE EXCEPTIONS TO MY RIGHT OF ACCESS?
There are some circumstances in which you may be denied access to your own personal information, including the following:
Privileged information
Your request for information may be denied if the information is protected by legal privilege such as solicitor-client privilege. In addition, a public body may refuse to disclose a legal opinion related to a particular case or draft legislation.
Third party privacy
Your access request for personal information about a third party will be denied if disclosure would be an invasion of privacy.
Unless the third party consents, disclosure of the following will be considered an invasion of a third party's privacy (note that this is not an exhaustive list):
• personal health information;
• information that is part of a law enforcement record;
• financial information related to a third party's taxation, income, financial situation or receipt of social assistance;
• a third party's personal recommendations, character references or personnel evaluations;
• a third party's employment or educational history; and
• information revealing the race, ethnic origin, religious or political beliefs, or sexual orientation of a third party.
There are, however, circumstances when, regardless of the criteria above, disclosure of personal information will be permitted without the third party’s consent. These include:
• when there are compelling circumstances affecting the applicant's health or safety;
• when the information is required for the purposes of prosecuting an offence;
• when another Act expressly allows or requires disclosure;
• when disclosure is for research purposes;
• when the information relates to a public body employee's salary scale, classification, benefits, or expenses;
• when the information relates to a goods or services contract with a public body; or
• when the information relates to a financial discretionary benefit to a third party;
Another act prevails
If the information you want is governed by an Act that specifies that the Quebec Access to Information Act does not apply, you may not be able to access it. Consult the Act that governs the documents for more information. Medical records, for example, are governed by the Act Respecting Health Services and Social Services.
Law enforcement and legal proceedings
Your access request must be refused if disclosure could be harmful to law enforcement. This includes information that would: reveal investigative techniques or details of an investigation; reveal confidential information; endanger anyone; deny someone a fair trial or otherwise harm legal proceedings; expose its source to civil liability; or facilitate the escape of an inmate. Furthermore, the public body may refuse to confirm or deny the existence of such information.
The records of courts, judicial administration or judicial support services, judges, magistrates or justice of the peace are not governed by the Access to Information Act.
Repetitive or frivolous request
Your request can be disregarded if it is improper because it is repetitive or systematic.
Exceptions related to government information
For exceptions more relevant to government information, see Accessing Government Information in Quebec.
HOW DO I MAKE A REQUEST?
1. Contact public bodies
Call the public body and ask if it is willing to provide access to the information you want. Such informal methods can be effective. Note, however, that informal access to information requests do not trigger time limits for responding to you, nor do they trigger certain rights, such as the right to complain to the Commission.
2. Identify the appropriate public body
Determine whether the information is in the custody or control of a particular public body
Access to information laws only apply to documents in the custody or control of a public body. If a document is destroyed, it is no longer in the custody or control of a public body, but it is an offence to wilfully destroy documents in order to evade an access request.
3. Frame your request carefully
a) Request "documents"
Request access to documents, not to information, because the term “document” includes: “notes, images, audiovisual recordings, x-rays, books, documents, maps, drawings, photographs, letters, vouchers and papers and any other information that is written, photographed, recorded or stored in any manner.”
b) Request indexes, catalogues, and other records-management aids
If you are seeking information that spans a broad area or could involve many documents, you should first consider requesting indexes, file lists, file plans, and other records-management aids. These records of records can help you narrow your request and choose only the most relevant materials. This process can also shed light on other issues you may not have been aware of. The only drawback is that this is a two step request process: once you decide which documents you would like, you must file a written request to the relevant public body’s designated person in charge of access. A list of these people is available at: http://cai.gouv.qc.ca/index-en.html.
c) Be specific
Unless you absolutely need it, try not to request everything available on a subject so as to ensure a faster and less costly response. In addition, the more specific your request is, the less likely the public body will request a ten day time limit extension on the grounds that answering the request within 20 days would unreasonably interfere with its operations.
4. If you need help
If you need help, ask the relevant public body’s designated person in charge of access to information (see: http://www.cai.gouv.qc.ca/index-en.html). He or she is required to help you with your request.
DO I HAVE TO USE A FORM?
You do not have to use a form but your request must be made in writing.
WHAT WILL IT COST?
In Quebec there is no application fee for requesting access to your own personal information. However, fees will be charged where applicable for the cost of transcription, reproduction and transmission of the document.
HOW LONG WILL IT TAKE?
The public body must make every reasonable effort to respond to your request within 20 days of receiving it. A public body can extend the time limit for responses by up to ten days, and a public body can only extend the time period once.
The time limit for responses may only be extended when:
• you have requested a large number of records and responding within 20 days would unreasonably interfere with the operations of the public body;
• the public body needs time to consult with a third party or another public body before deciding whether to grant access to a record; or
• a third party makes a complaint to the Commission about a decision to grant access.
Failure to respond to a request within 20 days is considered a denial of access. You can complain to the Commission about a denial of access, a failure to respond on time, or a refusal to correct personal information. For more information, see Appealing Access to Information Decisions in Quebec.
WHAT ARE MY OPTIONS REGARDING FORMAT?
Copies v. originals
You may have copies sent to you or you may view the originals. A public body may impose one format (copy or original) depending on considerations of length, condition, and form.
Language
Generally the document will be provided in the language in which it exists. You may request that documents be translated into English or French, but a public body is not required to fulfill your request.
Alternative formats
A public body is not required to provide records in alternative formats for the hearing or seeing impaired. It will nevertheless often try to accommodate such requests.
WHAT CAN I DO IF MY REQUEST FOR ACCESS IS DENIED?
If you are not satisfied with a public body’s response to your access request, you have the right to request a review of its decision by the Commission d’accès à l’information. For more information, see Appealing Access to Information Decisions in Quebec.
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