Information Commissioner ad hoc

The Office of the Information Commissioner (“OIC”) has been subject to the Access to Information Act since April 1, 2007. Therefore, individuals and corporations who have made and an access request for records under the control of the OIC may submit a complaint about that access request.

To ensure the integrity of the complaints process, since the OIC should not investigate itself, the Information Commissioner designates an Information Commissioner ad hoc (“Commissioner ad hoc”) to investigate complaints about access requests to the OIC.

The Commissioner ad hoc can investigate complaints made against the OIC that fall under section 30 of the Act. As section 59 of the Act does not allow the Information Commissioner to delegate the power to make orders under section 36.1 of the Act, the Commissioner ad hoc may not issue an order against the Information Commissioner. However, when the Commissioner ad hoc concludes that a complaint is well founded, they can make any recommendations they consider appropriate to the Information Commissioner.

The following individuals have held the position of Information Commissioner ad hoc:

• The Honourable Peter Cory
• The Honourable Andrew MacKay
• Mario Dion
• John Sims
• David Loukidelis

The current Information Commissioner ad hoc is Anne E. Bertrand, who has held the position since May 1, 2018.

Ms. Bertrand was New Brunswick’s Access to Information and Privacy Commissioner from 2010 to 2017. She also assumed the responsibilities of the Conflict of Interest Commissioner for New Brunswick on an interim basis for 2015-16. From 1987 to 2010, Ms. Bertrand worked as a lawyer in general practice, appearing before all levels of the courts, including the Supreme Court of Canada. She became Queen’s Counsel in 2008, in recognition of her accomplishments and contributions to the legal profession and her community.