Updates to the IPC Guide to Exemptions

April 5, 2017 - Alyx Larocque, Analyst

Our office has recently posted an updated version of its resource, IPC Guide to Exemptions.  It is dated April 4, 2017. The updates made include the following:

  • More consistency in the tests
    • all tests are now posed as questions where possible;
    • using “test” instead of other words like criteria, elements etc.;
    • using “factors” consistently where appropriate (i.e. control test, public interest);
    • consistently identifying when all parts of the test must be met;
  • Extensions (section 12) expanded to include new tests and criteria;
  • Addition to frivolous/vexatious/not in good faith section – “actions of applicants not under scrutiny”;
  • Lawyers bills of account – two part rebuttal test added;
  • Addition to explicitly in confidence test – confidentiality notices in email or stamps – “…it is just one of the factors that we consider…”;
  • Checked and fixed all hyperlinks.

To assist you going forward our office will post a blog alerting you to any new updates that come in this resource.

For those who were not aware, our office also posted updates to the IPC Guide to Exemptions in February 2017.  Those updates included:

  • Waiver of privilege updated;
  • Changes to tests for subsections 15(1)(c), 15(1)(k), 17(1)(f), 18(1)(b) and 22(a) of FOIP;
  • Added recent QB decisions & changes to section 19/18;
  • Addition made to frivolous/vexatious/not in good faith section;
  • Changes to fee estimate section based on recent Review Reports.

Please continue to send any feedback to our office. It is our goal to continue to make this resource helpful to applicants and public bodies.

Our goal is to have new sections of the resource drafted and posted in the fall of 2017. The new sections will include guidance on section 7, exercise of discretion, duty to assist, section 3 and many more.


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