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Citizens
Access to documents held by public bodies
Since the introduction of the Act respecting Access to Documents held by Public Bodies and the Protection of Personal Information in 1982, Quebecers have been able to oblige public bodies to disclose specific information previously kept secret. But exactly how does this law work?

In this Infosheet, Éducaloi uses a question-answer format to provide you with the tools necessary to obtain information from public bodies.
Yes. The purpose of the Act respecting Access to Documents held by Public Bodies and the Protection of Personal Information is to maximize the access that individuals have to information held by public bodies. That is why we tend to refer to it as "access to information".

The information sought must be found in a document, regardless of its format, i.e. written, graphic, audio, computerized, visual or other.
The bodies subject to this provincial Act are the following:

  • provincial departments and government bodies;

  • municipalities and associated bodies, urban communities and associated bodies, and regional municipalities;

  • school boards, subsidized private colleges, cégeps, and universities;

  • hospitals, drop-in centres, CLSCs, regional health and social services boards (RHSSBs), and youth centres.
The basic rule is that you have a right to access any document held by a public body, regardless of its format. However, this right doesn’t extend to information that is not supported by some sort of medium.

Here is an example: you cannot require someone to verbally relate what was said during a meeting held by a public body. However, you would have a right to access the minutes recorded at this meeting. If the minutes were taped on audiocassette, you would also have access to the recording.

Here are some examples of documents that people often ask to see:

  • correspondence;

  • contracts;

  • financial statements;

  • minutes.
First, you should send a written request to the public body in question. While the request need not be made in writing, it is a good idea to do so. If you are refused access to a document and you wish to contest the refusal, you will need written evidence of your request.

Your request must be addressed to the person in charge of granting access to documents for that particular body. The name and contact information of this person can be obtained by calling the Commission d'accès à l'information or Communication-Québec.

You may also ask to consult the documents directly on the premises rather than requesting copies. Contact the person in charge of access to documents to find out the most convenient time for you to visit.

Once it has received your request, the public body has to reply within a short period of time. The public body can extend this period in some situations, but it has to notify you in advance.
Yes. If a public body denies you access to a document, or if it fails to reply within the required period, you can ask the Commission d'accès à l'information to review the decision. A request for revision must be made within thirty (30) days of the decision by the person in charge to deny access or the expiration of the delay to reply, whichever comes first.

Any refusal to grant access to a document must be accompanied by the reasons justifying such refusal.
Yes, the Act does set out several exceptions. For example, you cannot access information affecting intergovernmental relations or negotiations between public bodies. Furthermore, you may be refused access to certain types of documents such as legal opinions, notices or recommendations.

The Commission d'accès à l'information can review a decision if you believe a refusal to be unjustified.
Access to public documents is itself free. However, you may be required to pay if you want copies of the documents, as the public body is entitled to charge you for reproduction, transmission or transcription costs. They must inform you in advance of the approximate cost. A detailed list of fees that public bodies are allowed to charge is available from the Commission d'accès à l'information. Contact them directly or visit their website.
At the federal level, the Access to Information Act grants the public access to information contained in federal records. Contact the Information Commissioner at 1-800-267-0441.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professionnal.
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