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

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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.
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| 2. |
A
government department or public body holds a
file concerning me.
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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.
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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.
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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.
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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.
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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.
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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.
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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.

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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.
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| 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.
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| 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.
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| 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.

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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.
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| 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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