Laws of Quebec

Access to documents held by public bodies and the Protection of

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Access to documents held by public bodies and the Protection of personal information, an Act respecting - R.S.Q., chapter A-2.1

Last update: April 2007

CHAPTER I

APPLICATION AND INTERPRETATION

Documents.

1. This Act applies to documents kept by a public body in the exercise of its duties, whether it keeps them itself or through the agency of a third party.

Documents.

This Act applies whether the documents are recorded in writing or print, on sound tape or film, in computerized form, or otherwise.

1982, c. 30, s. 1.

Exception.

2. This Act does not apply to

1) the acts and the register of civil status;

2) the registers and other documents kept in registry offices for publication purposes;

3) (paragraph replaced) ;

3.1) the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons ( chapter P-45);

4) private archives referred to in section 27 of the Archives Act ( chapter A-21.1).

1982, c. 30, s. 2; 1983, c. 38, s. 54; 1992, c. 57, s. 425; 1993, c. 48, s. 112; 1999, c. 40, s. 3; 2000, c. 42, s. 95.

Adoption.

2.1. Access to documents contained in a file respecting the adoption of a person held by a public body and the protection of the personal information contained in such a file are governed by the Civil Code and other legislation respecting adoption.

Application.

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 5 of section 123 and the powers contemplated in subparagraph 2 of the first paragraph of section 127 and in section 128.1.

1987, c. 68, s. 2.

Access to documents.

2.2. Access to documents contained in a file held by the Public Curator on a person whom he represents or whose property he administers, and the protection of the personal information contained in such a file, are governed by the Public Curator Act (chapter C-81).

Personal information.

In respect of the personal information contained in such a file, this Act applies only to allow the Commission to exercise the duty contemplated in paragraph 6 of section 123 and the powers contemplated in subparagraph 3 of the first paragraph of section 127 and in section 128.1.

1989, c. 54, s. 148.

Public bodies.

3. The Government, the Conseil exécutif, the Conseil du Trésor, the government departments and agencies, municipal and school bodies and the health services and social services institutions are public bodies.

Public bodies.

For the purposes of this Act, the Lieutenant-Governor, the National Assembly, agencies whose members are appointed by the Assembly and every person designated by the Assembly to an office under its jurisdiction, together with the personnel under its supervision, are classed as public bodies.

Exception.

The courts within the meaning of the Courts of Justice Act (chapter T-16) are not public bodies.

1982, c. 30, s. 3; 1982, c. 62, s. 143; 1992, c. 21, s. 375.

Government agencies.

4. Government agencies include agencies not contemplated in sections 5 to 7 to which the Government or a minister appoints the majority of the members, to which, by law, the personnel are appointed in accordance with the Public Service Act ( chapter F-3.1.1), or whose capital stock forms part of the domain of the State.

Government agency.

For the purposes of this Act, the Public Curator is a Government agency to the extent that he holds documents other than those referred to in section 2.2.

Presumption.

For the purposes of this Act, a person appointed by the Government or a minister, together with the personnel he manages, is, in respect of the exercise of the functions assigned to him by law, by the Government or by the Minister, to be a Government agency.

1982, c. 30, s. 4; 1983, c. 55, s. 161; 1989, c. 54, s. 149; 1990, c. 57, s. 1; 1999, c. 40, s. 3; 2000, c. 8, s. 242.

Municipal bodies.

5. Municipal bodies include

1) a municipality, a metropolitan community, an intermunicipal board, a public transit authority and the Kativik Regional Government;

2) any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed in the majority of members of the council of a municipality;

2.1) any body whose board of directors includes at least one elected municipal officer sitting on the board in that capacity and for which a municipality or a metropolitan community adopts or approves the budget or contributes more than half the financing;

3) a mixed enterprise company established under the Act respecting mixed enterprise companies in the municipal sector ( chapter S-25.01) and a similar body established under a private Act, in particular the legal persons constituted under chapters 56, 61 and 69 of the statutes of 1994, chapter 84 of the statutes of 1995 and chapter 47 of the statutes of 2004.

Local development centre.

For the purposes of this Act, a local development centre and a regional conference of elected officers governed by the Act respecting the Ministère du Développement économique, de l'Innovation et de l'Exportation ( chapter M-30.01) and the Act respecting the Ministère des Affaires municipales et des Régions ( chapter M-22.1), respectively, are classed as municipal bodies.

Exclusions.

However, the Union des municipalités du Québec and the Fédération québécoise des municipalités locales et régionales are not municipal bodies.

1982, c. 30, s. 5; 1984, c. 42, s. 137; 1985, c. 32, s. 159; 1990, c. 57, s. 2; 1996, c. 2, s. 13; 1997, c. 41, s. 64; 1997, c. 44, s. 92; 1999, c. 40, s. 3; 2000, c. 56, s. 81; 2006, c. 22, s. 2.

School bodies.

6. School bodies include regional school boards, the Comité de gestion de la taxe scolaire de l'île de Montréal, institutions whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales ( chapter M-25.1.1), general and vocational colleges and the university institutions mentioned in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level ( chapter E-14.1).

School bodies.

They also include institutions accredited for purposes of subsidies under the Act respecting private education ( chapter E-9.1) and the persons that operate them, as regards the documents held in the performance of their duties relating to the educational services covered by the accreditation and to the management of the resources assigned to those services.

1982, c. 30, s. 6; 1982, c. 62, s. 143; 1988, c. 84, s. 541; 1989, c. 17, s. 1; 1992, c. 68, s. 156, s. 157; 1994, c. 15, s. 33; 1996, c. 21, s. 70; 2002, c. 75, s. 33; 2006, c. 22, s. 3.

Health and social services institutions.

7. Health and social services institutions include public institutions governed by the Act respecting health services and social services ( chapter S-4.2), private institutions governed by that Act which operate with sums of money from the consolidated revenue fund, agencies referred to in that Act, the Corporation d'hébergement du Québec and a health communication centre established under the Act respecting pre-hospital emergency services ( chapter S-6.2).

Health and social services institutions.

Health and social services institutions also include public institutions governed by the Act respecting health services and social services for Cree Native persons ( chapter S-5), private institutions governed by that Act which operate with sums of money from the consolidated revenue fund and regional health and social services councils established under that Act.

1982, c. 30, s. 7; 1990, c. 57, s. 3; 1992, c. 21, s. 73; 1994, c. 23, s. 23; 1999, c. 34, s. 53; 2002, c. 69, s. 119; 2005, c. 32, s. 308.

Person in charge.

8. The person exercising the highest authority in a public body shall perform the duties conferred by this Act on the person in charge of access to documents or of protection of personal information.

Delegation.

However, that person may designate a member of the public body or of its board of directors, as the case may be, or a member of its management staff as the person in charge, and delegate all or part of his duties to him.

Notice.

The delegation must be made in writing, and the delegator must send a notice of it to the Commission d'accès à l'information.

1982, c. 30, s. 8; 1987, c. 68, s. 3; 2006, c. 22, s. 4.

CHAPTER II

ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES

DIVISION I

RIGHT OF ACCESS

Right.

9. Every person has a right of access, on request, to the documents held by a public body.

Restriction.

The right does not extend to personal notes written on a document or to sketches, outlines, drafts, preliminary notes or other documents of the same nature.

1982, c. 30, s. 9.

Examination.

10. The right of access to a document may be exercised by examining it on the premises during regular working hours or by remote access.

Copy.

The applicant may also obtain a copy of the document, unless reproducing it would endanger its preservation or raise serious practical difficulties owing to its form.

Transcript.

At the request of the applicant, computerized documents must be communicated in the form of a written and intelligible transcript.

1982, c. 30, s. 10; 1990, c. 57, s. 4; 2001, c. 32, s. 82.

Gratuity.

11. Access to a document is free of charge.

Fee.

However, a fee not greater than the cost of transcription, reproduction or transmission of the document may be charged to the applicant.

Regulation.

The amount and the terms and conditions of payment of the fee are prescribed by government regulation, which may prescribe cases where persons are exempt from payment.

Estimate.

A public body which intends to charge a fee under this section shall, before transcribing, reproducing or transmitting a document, inform the applicant of the approximate amount that will be charged to him. In a case of access to more than one document, the transcription or reproduction fee for each document identified must be clearly set out.

1982, c. 30, s. 11; 1987, c. 68, s. 4; 2006, c. 22, s. 6.