Blog Archive (Year: 2017)
What About the Non-Responsive Record?
When a public body gets an access request, it has the obligation of searching for the responsive (relevant) records. In almost all cases, 99.9% of the public body’s records will be non-responsive to the applicant’s access request. There will be times where a decision has to be made whether a record is responsive or non-responsive... read more
Severing
When responding to access to information requests under The Freedom of Information and Protection of Privacy Act (FOIP), The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) and The Health Information Protection Act (HIPA), there may be circumstances where information is exempt from release under mandatory or discretionary exemptions. However, each of these statutes requires public bodies... read more
Council Agendas and Meeting Minutes
To be accountable to the public, meetings of council and council committees are public by virtue of section 119 and 120 of The Municipalities Act. Further, subsection 117(1)(d) of The Municipalities Act entitles any person to inspect and obtain copies of council meeting minutes after they have approved by council. To support this accountability, municipalities... read more
Lawyers Bills: Are They a “No Brainer”?
We have now had a few reports that have dealt with the application of solicitor-client privilege exemptions (sections 22 of FOIP and 21 of LA FOIP) to lawyers bills. In these cases, the Commissioner relied on a Supreme Court of Canada decision Maranda v. Richer, [2003] 3 S.C.R. 193, 2003 SCC67 to find that lawyers... read more