Section 45 LA FOIP/Section 56 FOIP Decisions – Responses by the Head
When the Commissioner concludes a review or investigation, he or she may have recommendations for the head of the government institution or local authority involved. Recommendations may be, for example, to release records or to address procedural deficiencies. The Commissioner outlines such recommendations in a report that is normally made public.
The head of the government institution or local authority is then required to provide a written response to the applicant or complainant, to any affected third party, and to the Commissioner. The head’s response is to state if they intend to follow the Commissioner’s recommendation(s), or if there is any other decision they are making that they consider to be appropriate. This requirement is set out at section 45 of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) for local authorities, and at section 56 of The Freedom of Information and Protection of Privacy Act (FOIP) for government institutions. These responses are typically referred to as a “Section 45 LA FOIP/56 FOIP Decision.”
To help the head of a government institution or a local authority consider their obligation pursuant to section 45 of LA FOIP or section 56 of FOIP, the IPC has developed the following resources:
- Sample Section 45 Decisions for Local Authorities
- Sample Section 56 Decisions for Government Institutions
Each resource includes sample decision letters that a local authority or a government institution may want to use or modify when responding to applicants/complainants or third parties.