Section 36.1 — Access to Information Act: Power to make order

If, after investigating a complaint described in any of paragraphs 30(1)(a) to (e), the Commissioner finds that the complaint is well-founded, he or she may make any order in respect of a record to which this Part applies that he or she considers appropriate, including requiring the head of the government institution that has control of the record in respect of which the complaint is made to disclose the record or a part of the record;

and to reconsider their decision to refuse access to the record or a part of the record. The Information Commissioner is not authorized to make an order after investigating a complaint that he or she initiates under subsection 30(3). The order may include any condition that the Information Commissioner considers appropriate. The order takes effect on the 31st business day after the day on which the head of the government institution receives a report under subsection 37(2), if only the complainant and the head of the institution are provided with the report; or the 41st business day after the day on which the head of the government institution receives a report under subsection 37(2), if a third party or the Privacy Commissioner is also provided with the report. For the purposes of this section, the head of the government institution is deemed to have received the report on the fifth business day after the date of the report.