IPC Guide to FOIP

This guide is a comprehensive reference tool for the application of The Freedom of Information and Protection of Privacy Act (FOIP). It is designed to assist government institutions that are subject to FOIP. The guidance is non-binding and every matter should be considered on a case-by-case basis.

For the full Table of Contents, please click here.

To access each chapter of the IPC Guide to FOIP, please click on the + sign to expand the Chapter below.

Chapter 1: Purposes and Scope of FOIP

Chapter 1: Purposes and Scope of FOIP

This chapter covers:

  • Quasi-Constitutional Status
  • The Purposes of FOIP
    • Object or Purpose Clause
      1. The Right of Access
      2. Access to an Individual’s Own Personal Information
      3. Right to Request Correction of Personal Information
      4. Protection of Privacy
      5. Independent Review of Decisions
  • The Scope of FOIP
    • Definition of a Government Institution
      • Bodies Not Included
      • Legislative Assembly & Members of Executive Council
    • Records Subject to FOIP
      • Personal Information
      • The Meaning of ‘Possession’ or ‘Control’ of Records
    • Records Excluded from FOIP
      • Subsections 3(1)(a), (b), (c)
      • Subsection 24(1.1)
      • Records to Which Section 23 Applies
    • Existing Rights Preserved
      • Subsections 4(a), (b), (c), (d), (e), (f)

Chapter 2: Administration of FOIP

Guide to FOIP: Chapter 2

This chapter covers:

  • Minister of Justice & Attorney General
    • Access & Privacy Branch
  • Government Institutions – Roles & Responsibilities
    • Head of a Government Institution
    • The FOIP Coordinator or Privacy Officer
    • Delegation of FOIP Responsibilities
    • Notices and the Manner of Giving Notice
    • Protection from Liability
    • Routine Disclosure & Active Dissemination
    • Proactive Reporting of Privacy Breaches
  • Burden of Proof
    • Standard Required to Meet Burden of Proof
    • Who has the Burden of Proof
    • Affidavit Evidence
  • Offences and Penalties under FOIP
    • Privacy and Access Offences
    • Cooperating with the Commissioner
    • Subsection 68(2)
    • Subsection 68(10)
  • Minister’s Annual Report
  • Information and Privacy Commissioner – Roles & Responsibilities
    • Appointment
    • Mandate & General Powers
    • Privacy Powers
    • Power to Authorize Disregarding an Access to Information Request
    • Power to Dismiss or Discontinue a Review
    • Confidentiality
    • Procedural Fairness
    • Holding Reviews in Private
    • Issuing Reports
    • Non-compellability
    • Annual Report
  • Court of Queen’s Bench – Role & Responsibilities
    • Sections 58

Chapter 3: Access to Records

Guide to FOIP: Chapter 3

This chapter covers:

  • Section 5: Who has a right of access
  • Searching for records
  • Records not responsive to access to information requests
  • Section 5.1: Duty to assist
  • Section 6: Making an application for access to information
  • Section 7: Responses from local authorities
  • Section 7.1: Applications deemed abandoned
  • Section 8: Severing records
  • Section 9: Fees and fee estimates
  • Section 10: How access is provided
  • Section 11: Transfers of access to information requests
  • Section 12: Extensions of time
  • Section 31: Individual’s access to their own personal information
  • Section 45.1: Disregarding access to information or correction requests
  • Section 49: Requests for review
  • Section 50: Dismissing or discontinuing reviews
  • Section 57: Appeals to the Court of Queen’s Bench
  • Section 59: The exercise of individual rights by authorized representatives
  • Section 65: Access to manuals
  • Section 65.1: Records available without an application

Chapter 4: Exemptions from the Right of Access

Guide to FOIP: Chapter 4

This chapter covers:

  • Interpretation of Exemptions
    • Limited and Specific
    • Balancing Interests
  • Class and Harm Based Exemptions
  • Mandatory and Discretionary Exemptions
    • Exercise of Discretion
  • Public Interest Overrides
    • Subsections 19(3), 29(o)
  • Tests and Guidance on Exemptions in Part III of FOIP
    • Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31 and subsection 29(1)

Chapter 5: Third Party Information

This chapter is not yet available.

This chapter covers:

  • Who is a third party
  • When third party notice is required
  • The notice process for third parties and applicants
  • The response from the third party
  • The decision by the government institution
  • Time limits
  • Reviews involving a third party

Chapter 6: Protection of Privacy

This chapter is not yet available.

This chapter covers:

  • The Right of Privacy
  • Definition of personal information
  • Duty to protect personal information
  • Collection of personal information
  • Use of personal information
  • Disclosure of personal information
  • Accuracy of personal information
  • Notification to individuals
  • Personal information of deceased individuals
  • Individual’s access to personal information
  • Correction of personal information