Section 26: Questions

Archived [2008-11] – Investigator's Guide to Interpreting the Act

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The Investigator’s Guide was removed from the website in April 2021 and is currently available solely for the above-mentioned activities.

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Section -- 26 The head of a government institution may refuse to disclose any record requested under this Act or any part thereof if the head of the institution believes on reasonable grounds that the material in the record or part thereof will be published by a government institution, agent of the Government of Canada or minister of the Crown within ninety days after the request is made or within such further period of time as may be necessary for printing or translating the material for the purpose of printing.
Statement of Test to be Met
Intention to publish must have been found by the time the access request is received.
Relevant Questions	Departmental Response	Assessment
Did the government institution have the intention to publish the requested records when it received the access request? When did it form this intention? compare with date of request. Are there any records or memoranda which outline the decision to publish or plans for publication? do these contain a time schedule ask to see these

Statement of Test to be Met
90-day time limit runs from date of request.
Relevant Questions	Departmental Response	Assessment
Is the anticipated publication time within 90 days of the date of the access request? if not, why will publication take longer? Is the longer time frame related to translating and printing the information? if not, the extension of time is not available and information should be disclosed. Has the government changed its mind about publishing the information since receiving the request? if so, information should be disclosed.