Temporary suspension of time limits to seek review by the courts under the Access to Information Act and the Privacy Act

On July 27, 2020, Bill C-20 came into force, enacting the Time Limits and Other Periods Act (COVID-19). In response to the exceptional circumstances resulting from the COVID-19 pandemic, the Time Limits and Other Periods Act (COVID-19) (the Act) temporarily suspended legislated time limits related to court proceedings, including those established under the Access to Information Act (ATIA) and the Privacy Act.

Consequently, the time limits for complainants, government institutions, third parties and the Privacy Commissioner to apply to the Federal Court for review under the ATIA and the Privacy Act were suspended from March 13, 2020 to September 13, 2020. A list of the affected time limits is provided at the end of this notice.

Requesters may note the following temporary changes as a result of the Time Limits and Other Periods Act (COVID-19):

Requesters can contact the institution’s ATIP coordinator or their own legal counsel for any questions regarding the effect of Bill C-20.

Annex – Time Limits set out in the ATIA and the Privacy Act affected by Bill C-20

Access to Information Act

41(1)

The 30 business days for a complainant to apply to Federal Court for a review

41(2)

The 30 business days for the head of a government institution to apply to the Federal Court for a review

41(3)

The 10 business days, after the expiry of the period referred to in 41(1),for third parties to apply to the Federal Court for a review, (if no application has been made by a complainant or the government institution)

41(4)

The 10 business days, after the expiry of the period referred to in 41(1), for the Privacy Commissioner to apply to the Federal Court for a review, (if no application has been made by a complainant or the head of an institution)

44(1)

The 20-day period for a third party to apply to the Federal Court for a review following receipt of a notice given by a government institution under paragraph 28(1)(b)

28(4)

The timeline for an institution to give access to records to a requester

Because the time limits set out in section 44 are suspended, institutions must delay the disclosure of records to a complainant under paragraph 28(4) of the ATIA. This is because an institution’s obligation to disclose records under paragraph 28(4) does not apply if a review is applied for under section 44. Institutions cannot be certain if a third party that received a notice under paragraph 28(1)(b) will apply for a review until the suspension period of all applicable time limits under section 44 have ended. Consequently, institutions must wait to disclose records to a requester until the 20-day period set out in section 44, as modified by Bill C-20, has expired.

37(4)(b)

The timeline for an institution to give access to records to a complainant

Because the time limits set out in section 41 are suspended, institutions must delay the disclosure of records to a complainant under paragraph 37(4)(b) of the ATIA. This is because an institution’s obligation to disclose records under paragraph 37(4)(b) does not apply if a review is applied for under section 41. Institutions cannot be certain if a third party or the Privacy Commissioner will apply for a review until the suspension period of all applicable time limits under section 41 have ended. Consequently, institutions must wait to disclose records to a complainant until the 40 business day period set out in section 41, as modified by Bill C-20, have expired

Privacy Act

41

The 45 days for a complainant to apply to Federal Court for a review

Page details

Date modified: