How do I request government documents?
There are many reasons why a New Brunswicker might want to access documents kept by government bodies or crown corporations. As personal injury lawyers, we often request government documents on our clients’ behalf. For a client involved in a car accident, we might request the motor vehicle accident report prepared by police. For a client seeking disability benefits, we might request their medical chart from Horizon Health. For a client whose home flooded following construction on nearby infrastructure, we might request documents associated with the construction project.
The first step in accessing government documents is to contact the government body or crown corporation you believe is keeping them. For documents that are requested often, the organization may have a specific process. For example, the Department of Justice & Public Safety has a specific process for requesting motor vehicle accident reports that involves sending them a letter with certain information.
Where no specific process exists, you can make a formal request for information. The Request for Information Form, found here, can be used to request documents from New Brunswick’s government, crown corporations and municipalities. You are entitled to a response from the organization within thirty (30) business days, although the deadline may be extended in exceptional circumstances.
If the organization denies your request, they must justify the denial pursuant to specific grounds described in the Right to Information and Protection of Privacy Act. For example:
Information from a harassment or personnel investigation;
Unreasonable invasion of a third party’s privacy; or
Information subject to a solicitor-client privilege.
If you disagree with the organization’s denial, you can file a complaint with the Ombud or refer the matter to the Court of Queen’s Bench.
To get documents from federal government bodies, you can make a formal request for personal information using the Personal Information Request Form, found here. If you seek general information from a federal government body, you can make a formal request using the Access to Information Request Form, found here. You are entitled to a response from the organization within thirty (30) days, although the deadline may be extended in exceptional circumstances.
If the federal organization denies your request, they must justify the denial pursuant to specific grounds described in either the Privacy Act or the Access to Information Act. For example:
Information obtained in confidence from a foreign state;
Information the disclosure of which could be injurious to the defence of Canada, such as information relating to military equipment or strategy; or
Trade secrets or financial, commercial, scientific, or technical information that belongs to the Government of Canada and has substantial value.
If you disagree with the federal organization’s denial, you can file a Complaint with the Office of the Privacy Commissioner of Canada (for personal information) or the Office of the Information Commissioner of Canada (for general information).
If you need help getting government documents, contact Moss Hachey Law’s personal injury lawyers.
Please be aware that there are exceptions to the rules summarized above. This blog entry contains information of a general nature only and should not be relied on for legal advice. The information is current only to the date of publication and may be subject to change.
