FAQ for Public Bodies

 

Act respecting access to documents held by public bodies and the protection of personal information

Themes:
Access to documents held by public bodies
Personal files held by public bodies
Identification (driver’s licence, health insurance card
and social insurance card)

Medical files

Note: This information is only provided for indicative purposes and in no way should be interpreted as legal opinions binding the CAI. For more details, see the Act respecting access to documents held by public bodies and the protection of personal information.

 

Access to documents held by public bodies

1. What public bodies are subject to the Act respecting access to documents held by public bodies and the protection of personal information?
Answer: Under the Access Act, the following bodies are considered to be public bodies:
  • government departments and agencies, including the Conseil exécutif, the Conseil du Trésor, the Lieutenant-Governor and the National Assembly;

  • municipalities, municipal and supramunicipal bodies, metropolitan communities, intermunicipal boards, intermunicipal transit corporations, municipal housing offices, regional county municipalities, the Kativik Regional Government, mixed enterprises companies;

  • school boards, subsidized private educational institutions, CEGEPs, universities;

  • local health and social services network development agencies, youth centres, shelters, CLSCs and hospitals.

There are exceptions, which can be found in sections 3 to 7 of the Act respecting access to documents held by public bodies and the protection of personal information.

Also note that public bodies do not include courts of justice such as the Québec Court of Appeal, the Québec Superior Court, the Court of Québec and the Municipal Courts of Québec.

 
2. I wish to have access to a copy of the document held by a government department or a public body.

  a) How can I request access to a document?
Answer: The application may be verbal or written, but only a written application allows you to appeal to the Commission d’accès à l’information if you are not satisfied with the decision of the person in charge of access. The application to the person in charge of access must be specific enough to allow the document to be located. However, the person in charge of access is required to lend assistance to any person who requires his/her help in formulating an application and identifying the document sought.

  b) To whom do I apply?
Answer: The request for access to a document is addressed to the designated person in charge of access with the public body that holds this document. The names of the access offices of all bodies appear in the list of persons in charge of access maintained by the Commission d’accès à l’information, accessible on the Commission’s Web site.

  c) Is there any charge?
Answer: Access to a document is free of charge. However, a charge not exceeding the cost of its transcription, transmission or reproduction may be required from the applicant by the public body. Moreover, the public body must indicate the approximate amount to the applicant before making a copy of the document requested.
The fees are detailed in Schedule 1 of the Fees for Documents and Nominative Information (Transcription, Reproduction and Transmission) Regulation.

  d) How long does it take before I obtain a response from the government department or agency?
Answer: The person in charge of access must respond within 20 calendar days of receipt of the application. However, this person may benefit from an extension of 10 calendar days, taking care to notify you that he/she will use this extension.

  e)

If I am dissatisfied with the response obtained in the case of a request for access, what can I do?
Answer: Have you been refused? Have you obtained an unsatisfactory response? Have you obtained no response from the person in charge of access?

It is therefore possible to file an application for review of the decision of a public body before the Commission d’accès à l’information. It is sufficient to write to the Commission and attach a copy of the application submitted to the public body and a copy of the response by the person in charge of access.

The recourse to be exercised in case of a refusal of access to a document held by a public body is called an “application for review”. This application must be addressed to the Commission d’accès à l’information – Secrétariat de la Commission within 30 calendar days of the refusal of the request or the expiration of the time limit to respond to it.

 

 

Personal files held by public bodies

1. What public bodies are subject to the Act respecting access to documents held by public bodies and the protection of personal information?
Answer: Under the Access Act, the following bodies are considered to be public bodies:
  • government departments and agencies, including the Conseil exécutif, the Conseil du Trésor, the Lieutenant-Governor and the National Assembly;

  • municipalities, municipal and supramunicipal bodies, metropolitan communities, intermunicipal boards, intermunicipal transit corporations, municipal housing offices, regional county municipalities, the Kativik Regional Government, mixed enterprises companies;

  • school boards, subsidized private educational institutions, CEGEPs, universities;

  • local health and social services network development agencies, youth centres, shelters, CLSCs and hospitals.

There are exceptions, which can be found in sections 3 to 7 of the Act respecting access to documents held by public bodies and the protection of personal information.

Also note that public bodies do not include courts of justice such as the Québec Court of Appeal, the Québec Superior Court, the Court of Québec and the Municipal Courts of Québec.

 

2. A government department or public body holds a file concerning me.
  a) May I consult my file?
Answer: Yes, you may consult your personal file. Moreover, you may consult another person’s file only if you prove that you are: his/her representative, heir or successor, the administrator of the succession, the beneficiary of life insurance or the person having parental authority.

  b) To whom do I apply?
Answer: The request for access to personal information by the person concerned is made in writing to the public body that holds the information. The application is addressed to the designated person in charge of access. The names of the persons in charge of all public bodies appear in the list of persons in charge of access maintained by the Commission d’accès à l’information and accessible on the Commission’s Web site.

  c)

Is there any charge?
Answer: Access to consult personal information contained in a file is free of charge. However, the public body may require a charge from the applicant not exceeding the cost of transcription, transmission or reproduction of the documents. Moreover, the public body must indicate the approximate amount to the applicant before making a copy of the document requested.
The fees are detailed in Schedule 1 of the Fees for Documents and Nominative Information (Transcription, Reproduction and Transmission) Regulation.

  d) How long does it take before I obtain a response from the government department or agency?
Answer: The person in charge of access must respond within 20 calendar days of receipt of the application. However, this person may benefit from an extension of 10 calendar days, taking care to notify you that he/she will use this extension.

  e) How long can they retain my personal file?
Answer: When the object for which nominative information has been collected is accomplished, the public body must destroy it, subject to the Archives Act.
The person in charge of access in a public body must ensure that the information that is the object of the application is retained for the time required to allow the applicant to exhaust the recourses prescribed in the Act respecting access to documents held by public bodies and the protection of personal information.

  f) How do I proceed to make corrections as needed?
Answer: The application for rectification of personal information by the person concerned is made in writing to the public body that holds the information. The application is addressed to the designated person in charge of access. The names of the persons in charge of all public bodies appear in the list of persons in charge of access maintained by the Commission d’accès à l’information and accessible on the Commission’s Web site.

  g)

If I am dissatisfied with the response obtained in the case of a request for access, what can I do?
Answer: Have you been refused? Have you obtained an unsatisfactory response? Have you obtained no response from the person in charge of access?

It is therefore possible to file an application for review of the decision of a public body before the Commission d’accès à l’information. It is sufficient to write to the Commission and attach a copy of the application submitted to the public body and a copy of the response by the person in charge of access.

The recourse to be exercised in case of a refusal of access to a document held by a public body is called an “application for review”. This application must be addressed to the Commission d’accès à l’information – Secrétariat de la Commission within 30 calendar days of the refusal of the request or the expiration of the time limit to respond to it.

 

 

Identification

1. Is Hydro-Québec entitled to require me to give my social insurance number?
Answer: Yes, under the Conditions of electricity service approved by the Régie de l'énergie (Decision 2008-028) and brought into force on 1 april 2008.

2. Who can require me to give my social insurance number?
Answer: The social insurance number (SIN) is issued by the federal government, generally for employment and income tax purposes. Thus, your employer, the ministère du Revenu du Québec, the Canada Customs and Revenue Agency and Hydro-Québec can require you to give your SIN, as can any other public body that justifies collection of this information by law or regulation.

3. When am I obliged to present my health insurance card?
Answer: The Québec Health Insurance Act specifies that taking the health insurance card number can only be required for purposes related to the provision of services or the supply of goods or resources related to health or social services.
You may also use this card if you are asked to validate your last name, first name and date of birth. However, this validation does not allow the health insurance card number to be taken.

4. When am I obliged to present my driver’s permit?
Answer: The Highway Safety Code indicates that the holder of a driver’s permit is only bound to produce it at the request of a peace officer or the Société de l’assurance automobile du Québec and only for road safety purposes.

 

 

Medical files

a)

I want to have a copy of my medical file kept at the hospital or at the CLSC. How do I file my application under the Act respecting access to documents held by public bodies and the protection of personal information?
Answer: The request for access to your medical file is addressed to the designated person in charge of access for the public body that holds this document. The names of the persons in charge of all public bodies, including hospitals and CLSCs, appear in the list of persons in charge of access maintained by the Commission d’accès à l’information and accessible on the Commission’s Web site.

The application to the person in charge of access must be specific enough to allow the document to be located. However, the person in charge of access is required to lend assistance to any person who requires his/her help in formulating an application and identifying the document sought. Only a written application allows you to appeal to the Commission d’accès à l’information if you are dissatisfied with the decision of the person in charge of access or if the time limit for a response has elapsed.

In the event of refusal, the user may apply to the Commission within 30 calendar days of refusal of the request or expiration of the time limit to respond to it. The Commission asks that you attach a copy of the request for access submitted to the public body and a copy of the response by the person in charge of access.

b)

Which persons at my work may have access to my medical diagnosis?
Answer: A backgrounder has been produced for Québec public service employees explaining the general principles of access to medical files. This backgrounder is available on the Commission’s Web site. Click here.



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