Requests for access
The Act provides that every person has a right of access, on request, to the documents held by the CSF. However, some conditions must be met for the CSF to provide access to a document:
- The document must already exist and be in the CSF’s keeping.
- The request must be precise enough to allow the CSF to locate the document required.
- The document must not be a sketch, outline, draft, preliminary note or another document of the same nature.
Moreover, some restrictions provided for by the Act may justify a refusal of access. For example, the CSF might or will refuse to release or confirm the existence of an information if its disclosure:
- Would likely hamper a future or current investigation or an investigation that may be reopened
- Would likely reveal a method of investigation, a confidential source of information, or a program or plan of action designed to prevent, detect or repress crime or statutory offences
- Would likely cause prejudice to the person who is the source or subject of the information
- Is prohibited by a decision of the CSF’s Discipline Committee on the grounds that it was obtained during a sitting in camera or that the Discipline Committee has issued an order not to disclose, publish or distribute the said information
- Would reveal the Discipline Committee’s deliberations
Moreover, the CSF must refuse to disclose personal information that does not involve the applicant, unless the person to whom the information relates to consents to it and unless no further restrictions apply.
How to make a request
To file a request for access to a document or a personal information held by the CSF, fill out the form below, clearly identifying the document requested. The use of this form is not compulsory in order to submit a request for access. Send your duly completed form or request to the CSF, attention Me Marc Beauchemin, Person in charge of Access to Documents and Protection of Personal Information, as follows:
Chambre de la sécurité financière
As stipulated by the Act, access to documents is free of charge. However, the Act also provides that the CSF may charge a fee no greater than the cost of transcription, reproduction or transmission of the document. The fees are prescribed by the Regulation respecting fees for the transcription, reproduction or transmission of documents or personal information, R.S.Q. c. A-2.1, r.1.1. The CSF will inform you of the approximate amount that applies to your request before proceeding with the transcription, reproduction or transmission of the documents, if applicable.
The Act states that the CSF must reply to a request for access within 20 days from the date the request was received by the Person in charge of Access to Documents and Protection of Personal Information. In some cases, the CSF may extend this time limit by not over 10 days.
Section 135 of the Act stipulates that if someone’s written request has been denied, in whole or in part, by the Person in charge of Access to Documents and Protection of Personal Information, or if the time limit for replying to that request has expired, that person may apply to the Commission d’accès à l’information for a review of the decision. The application must be submitted in writing; it can briefly describe the reasons for which the decision should be reviewed. Applications should be made to the Commission d’accès à l’information within 30 days of the date of the decision or of the time granted by the Act to the person in charge for processing the request.