What the Commissioner May Review

What the Commissioner may Review

You must appeal the decision to the public authority first.

Before the Commissioner can review the decision of a public authority, the person who made the request (the requester) must first appeal the decision to the public authority (within one month). This is called applying for an "internal review". The internal review will be carried out by a person unconnected with the original decision who is of the same rank or higher that that of the person who made the original decision. It will issue within one month. It is only when the internal review process is completed that the Commissioner can accept an appeal to her Office. There are exceptions to this general rule which are set out below.

Circumstances where internal review is not necessary

The circumstances where internal review is not necessary before the Commissioner can accept an appeal is where a person other than the applicant would be affected by the disclosure of the environmental information concerned.

Decisions which the Commissioner may review

Decisions made by public authorities which the Commissioner may review include:

the refusal to provide access to environmental information a record (see definition of "Environmental Information" in the Regulations) ;
refusal of part of a record (the document is released with part of it deleted);
deferral of access to the record;
refusal on the grounds that the body is not a public authority within the meaning of the AIE regulations( (see definition of "public authority" in the Regulations
where the request has been inadequately asnwered;
a decision in relation to fees sought;
a decision to disclose environmental information, the disclosure of which would affect a person other than the applicant.

The Commissioner's decision on appeals is binding and conclusive. There is a right of appeal to the High Court from the Commissioner's decision, but only on a point of law.