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| Policy Definitions
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"access" means the ability or opportunity to view, study or obtain a copy the records of government. The Act provides the public with a right of access to records in the custody or under the control of a public body. There are two methods for gaining access to the records of government:
The first method satisfies the needs of most information seekers. Formal FOI requests made under the Act provide a method of seeking access to information that is not otherwise available. The Act is the avenue of last resort to gain access to government records; i.e., when routine channels have failed. "Act" means a written ordinance of a parliament or other legislative body [OED 9th]. "activity" is an individual action designed to assist in carrying out an operating program.
* "adjudicator" "advice" refers to words given or offered as an opinion or recommendation about future action or behaviour [OED 9th]. Either the context or form of the record makes it clear that it was prepared to provide advice to decision makers, or that information must have been communicated from one person to another to constitute advice. "agreement" is the consent of two or more persons concurring respecting the transmission of some property, right, or benefits, with the view of contracting an obligation, a mutual obligation [Black’s]. "applicant" is any individual who has made a request under the Act for access to information (including personal information) in government records. "archival purpose" means any legitimate use which can be made of archival records (including genealogical and family research, statistical and quantitative analyses, sociological studies, land claims research, academic pursuits, litigation, and background for films and books), as well as any of the functions normally performed by, for or within an archives (including scheduling, selecting, preserving, arranging and describing records, and making them available for use.) "Archives of the government of British Columbia", formally know as "BC Archives", is the central archives service for the government of British Columbia, and provides research access to records of enduring value to the province for both the provincial government and public clientele. "archives of a public body" is the agency authorized to perform archival functions on behalf of that public body; i.e., the agency responsible for selecting, preserving and making available the non-current records of the public body preserved because of their continuing value. "arrangement" is a settlement (e.g., of a dispute) or the manner in which things have been arranged or settled [OED]. "Attorney General" is the chief law officer for the province and the official legal advisor to the Lieutenant Governor and members of Cabinet. The Attorney General’s responsibilities are set out in the Attorney General Act. "audit" means an official investigation of accounts or other matters pertaining to the performance or efficiency of a public body, or any of its programs or policies. "Auditor General" is an officer of the Legislature appointed by the Lieutenant-Governor in Council to examine the accounts and records of the government relating to the consolidated revenue fund and all public money including trust and special funds under the management of the government and relating to public property. The Auditor General must report annually to the Legislative Assembly on her/his work, including findings as to whether or not ministries and public bodies have carried out their financial responsibilities as established in the Auditor General Act. "benefit" means a favourable or helpful factor or circumstance; advantage, profit; (often in pl.) payment made under insurance, social security, welfare, etc. [OED 9th]. "burden of proof" means the obligation to prove one's case [OED]. "Cabinet" is the common name for the Executive Council and the Lieutenant Governor in Council. It is the committee of senior ministers (heading individual provincial government ministries) which acts collectively with the Premier to decide matters of government policy. "character reference(s)" means someone vouching for another person’s character. That reference is usually being assessed in the context of a position of trust, and may be required either within or outside the employment context. "cited publicly" means to have referred to (e.g., quoted from, paraphrased or explained the meaning of) the information in a public manner. "clearly" means visible, unmistakable...beyond a question or beyond a reasonable doubt; honestly, straightforwardly and frankly; plainly [Black's]. "collect" means to bring or come together; assemble; accumulate; obtain (taxes, contributions, etc.) from a number of people; receive money [OED 9th]. "commercial" means concerning the sale, purchase or exchange of goods or services. This includes information which is, in itself, a commercial product. "commission of an offence" means committing a breach of law. "committee" means a body of persons appointed for a specific function by, and usually out of, a larger body [OED]. "compelling circumstances" means urgent situations or cases which warrant timely action because of extraordinary circumstances. "compiled" means that the information was drawn from several sources or extracted, extrapolated, calculated or in some other way manipulated. "complaint" means a grievance or expression of dissatisfaction submitted by an applicant or other person to the Information and Privacy Commissioner. The complaint could be about a decision, action or lack of action of a head of a public body, or generally about the information practices of the public body. A complaint may be based on one or more of five grounds listed in subsection 42(2) of the Act:
"comply with" means to act in accordance with or fulfil the requirements of (a subpoena, warrant or order.) "confidence, (in)" - This term is usually applied to information which is intended to be kept secret, that is, information furnished on an understanding that it remain confidential. The concept is applied to information or records supplied to a public body by sources of confidential law enforcement information or by third parties (including individuals and other levels of government.) It is a factor in considering the exception of information under paragraphs 15(1)(d) and (e), paragraph 16(1)(b), subsection 21(1) and section 22. The information must have been supplied with an expectation that the public body will not disclose the information. The intention that confidence will be maintained may be explicitly stated within the record in question or may be implied by the circumstances under which the information was submitted and received. Where confidentiality is implied, there must be objective grounds to support the assumption of confidentiality. It is not sufficient for an external governmental entity or other third party simply to stamp documents confidential or to assert in representations that information was supplied in confidence. There must be evidence which can be used to support the assertion and to prove that the information has been treated in a consistently confidential manner. "consent" means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another; it supposes a physical power to act, a moral power of acting and a serious, determined and free use of these powers ... [Black’s]. "consent, informed" is a person’s agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently; i.e., knowledge of risks involved, alternatives etc ... [Black’s]. "consultation" refers to the process by which a public body asks employees within the public body, other public bodies, individuals or other third parties (including other governments), to comment on the proposed disclosure of information in which they have an interest. It also refers to the process of notifying third parties under section 23 of the Act. Consultations may result in the transfer of a request to another public body if the second public body has a greater interest in the requested records. Consultations must be completed within the original or extended legislated time limit. "contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual. "control" (of a record) means the power or authority to manage the record throughout its life cycle, including restricting, regulating and administering its use or disclosure. Where the information in a record directly relates to more than one public body, more than one public body may have control of the record. The public body with the greater interest processes the request for information. The following are some of the factors indicating that a public body has control of a record:
"council" means an advisory, deliberative or administrative body of people formally constituted and meeting regularly; or, the elected local administrative body of a municipality [OED]. "court administration records" means files relating to non-judicial court staffing (i.e., court staffing except for judges) and personnel issues, position competitions and office management. "criminal intelligence" means information relating to a person or group of persons compiled by law enforcement agencies to anticipate, prevent or monitor possible criminal activity. Intelligence gathering is a separate activity from the conduct of investigations. Intelligence may be used for future investigations, for activities aimed at preventing the commission of an offence, and to ensure the security of individuals or organizations. Intelligence gathering is usually unrelated to the investigation of the occurrence of a specific offence. Authorities may covertly observe the activities of persons suspected of involvement in criminal activity, with the expectation that the intelligence may be useful in future investigations. Intelligence may be drawn from investigations of previous incidents that may or may not have resulted in the trial and conviction of the person under surveillance. Such information may be gathered through surveillance of associates or known or suspected criminals. Criminal intelligence may also be drawn from investigations that have resulted in the commencement of proceedings against a person or organization. "custody" (of a record) means having physical possession of a record, even though the public body does not necessarily have responsibility for the record. Physical possession normally includes responsibility for access, managing, maintaining, preserving, disposing, and providing security. Where more than one copy of a record exists, more than one public body may have custody of a record. "custody, (in)" means that an individual is not free to leave a place of confinement without restriction. "debt" is something that is owed, especially money; a state of obligation to pay something owed [OED]; a specified sum of money owing to one person from another, including not only the obligation of a debtor to pay, but the right of a creditor to receive and enforce payment [Black's]. "decision" in the context of a request under the Act means a conclusion, formal judgment, including the reasons which were used in reaching that judgment, or resolution reached by the head of a public body (or by the person with the head's delegated authority) in the course of processing the request. The decision must, in some manner, affect the rights of the applicant or have an effect on the person concerned (e.g., entitlement to benefit, service or a particular job) and be made in the exercise of a discretionary power or an adjudicative function. "decision-maker" is the person within the public body who makes formal judgements at various stages in the processing of a request or on whether to disclose personal information under sections 33 to 36 of the Act. The decision-maker is the head of the public body or another person to whom the head has delegated authority. "delegate" is the act of committing or entrusting authority to an agent or deputy [OED]. It is the act by which the head of a public body or the Commissioner under section 47 authorizes an employee or officer within the public body or the Commissioner’s office to exercise one or more of the head's authorities or decision-making powers. Only the head or the Commissioner has the power to delegate. The head may delegate any of her or his powers under the Act except the power to delegate (section 66.) Delegations must be in writing and are vested in the position, not the person occupying the position. Thus, delegations remain in effect even if the head changes or the person occupying a position changes. The person delegating the authority remains responsible and accountable for all actions and decisions made under that delegation. "deprive" means to take away or prevent the happening of a certain event. "details" means a number of particulars; an aggregate of small items [OED 9th]. "Director or Manager of Information and Privacy (DMIP)" is the public body employee responsible for the overall management of freedom of information and protection of privacy functions and responsibilities within the public body. "Directory of Records" is the publication (also called the "Freedom of Information Directory" in the Act) required by section 69 of the Act. It is published by the minister responsible for this Act. The Directory is a reference tool that assists the public to exercise its right of access to records in the custody or under the control of public bodies. It lists records held by public bodies. "disclose/disclosure" means to reveal, show, expose, provide copies of, sell, give or tell (personal or non-personal information or records.) Disclosure may occur either as a routine release of information in the absence of a requestor in response to a formal request under the Act. "disclosure could reasonably be expected to" means that the head of the public body must have objective grounds for believing that disclosure could reasonably result in a specified outcome (harm or benefit) contemplated by the exception. There must be a link between the disclosure of specific information and the harm or benefit that is expected from its release. The public body must be prepared to present detailed and convincing evidence of the facts that led to the expectation that harm or benefit could occur if the information were disclosed. Public bodies need not demonstrate that actual harm will result, or that actual harm resulted from a similar disclosure in the past. However, past experience could be part of the factual considerations upon which the expectation of harm is based. The context in which a public body operates is also taken into account in determining whether it is reasonable to expect that harm will result from the disclosure of information. The demonstration of the harm will depend on the sensitivity of the information. For example, a life-and-death situation may require a mere possibility rather than a probability of harm. "discretion" - A head of a public body is required to use his or her judgement in making a variety of decisions, including whether or not to withhold requested information and when to waive a fee. The head must show that relevant factors were considered in making the decision. "discretionary exception" is a non-obligatory exclusion to a general right of access which requires the head of the public body to use his or her judgement in deciding whether or not to withhold requested information. The head must show that relevant factors were considered in making the decision. There are eight discretionary exceptions in the Act:
"educational history" refers to any information regarding an individual’s schooling. This includes names of schools, colleges or universities attended, courses taken and grades achieved. "efficiency" or "performance" refers to the management, administration, operations, conduct, functioning, or effectiveness of the public body, its programs or its policies. This phrase relates to the management of finances, assets, and personnel, and the delivery of services of the public body. It also pertains to the effectiveness of the public body’s programs and policies in completing those tasks. "employment history" refers to any information regarding an individual’s work record. This includes the name of her or his employer, the term of employment, the duties associated with the position, the salary and the reasons for leaving. "enactment of BC or Canada" means a statute, regulation, bylaw or order of British Columbia or Canada. "environmental" refers to the physical surroundings and conditions, especially those affecting people’s lives; conditions or circumstances of living; external conditions affecting the growth of plans and animals [OED]. "ethnic origin" is similar to racial origin in that it refers to the identification of the common descent that connects a group of persons but can also include other common features such as language, culture or country of origin. "every reasonable effort" is an effort which a fair and rational person would expect to be done or would find acceptable. The use of ‘every’ indicates that a public body’s efforts are to be thorough and comprehensive. "except/exception" refers to provisions in the Act which permit or require an exception to the right of access to records in the custody or under the control of public bodies. The Act specifies limited exceptions to the right of access where disclosure would result in harm to government or a third party(sections 12 through 22.) The right of access does not extend to information excepted from disclosure under Division 2 of the Act. The Act requires that, wherever reasonable, public bodies sever any excepted information and release the remainder. An exception is either discretionary or mandatory. A discretionary exception gives the discretion to disclose or withhold requested information to which the exception applies, after due consideration of the factors. Discretionary exceptions begin "The head of a public body may refuse to disclose information ..." A mandatory exception requires a head to withhold the information to which the exception applies; the head has no option to disclose information. Mandatory exceptions begin "The head of a public body must refuse to disclose ... " * "exercise of prosecutorial discretion" "explicit" means not obscure or ambiguous, having no disguised meaning or reservation. Clear in understanding [Black’s]. Information is revealed explicitly if the information itself is this type of information or it makes a direct reference to the type of information subject to the exception. "extension" is a lengthening of the 30-day time limit allowed by the Act to respond to a request for information under the Act, based on one of a number of limited grounds:
"facilitate" means to make easier or less difficult. "fair trial" means a hearing by an impartial and disinterested tribunal; a proceeding which hears before it condemns, which proceeds upon inquiry, and renders judgment only after consideration of evidence and facts as a whole [Black's]. "fees" are the charges that an applicant pays a public body for certain services flowing from the processing of a request under the Act. Fees are not related to a public body's actual salary and operational costs for processing requests and administering the Act. Fees are not a barrier to access and are not intended to enable a public body to recover the full costs of providing access to information. Unless it is listed in section 75 of the Act, a public body may not charge a fee for providing a service. "finances" means the money resources of a state, company, or person [OED 9th]. "financial" means relating to money and its use or distribution or to assets with monetary value, such as securities or stock options. "financial history" refers to any past information about an individual’s monetary activities, whether or not that information has been collated. "fine" is a sum of money exacted as a penalty [OED]. A fine imposes a monetary punishment or requires that a person convicted of an offence pay a penalty in money [Black's]. "gathered for the purpose of collecting a tax" means the information was collected by authorities for the purpose of collecting due or overdue taxes, for a federal, provincial or municipal government. "governing body" (or self governing body) is a body designated under an Act to govern the activities of a profession or occupation as listed in Schedule 3 of the Act. "government of British Columbia" is defined in the Interpretation Act as "Her Majesty in right of British Columbia." This phrase refers to the government of British Columbia in a broad sense and includes the public bodies listed in Schedule 2 of the Act. "greater interest" - When two or more public bodies have custody or control of a record, the concept of greater interest may be used to determine which body should respond to a request for access to the record. "Greater interest" (in a record) occurs when a public body can demonstrate that it meets a larger number of the criteria governing custody or control. "harm" means a loss, injury, damage or detriment due to any cause [OED]. The term is applied to the injury to a particular public or private interest that could occur as a result of disclosure of certain types of information in government records in response to a request under that Act. The likelihood that harm will result from disclosure of specific information may constitute grounds for the exception of the information. The head of a public body must be able to provide detailed and convincing evidence of the facts or rationale supporting the expectation that disclosure of the requested information would harm the particular public or private interest. There must be a link between the disclosure of specific information and the harm which is expected from release. Although it is not necessary to demonstrate that actual harm will result, or that actual harm did result from a similar disclosure in the past, such past experience could be part of the factual information which the expectation of harm is based. The demonstration of the harm will depend on the sensitivity of the information. For example, a life-and-death situation may require a mere possibility rather than a probability of harm. A fear that disclosure would hinder, impede, or minimally interfere with a particular public or private interest does not satisfy this harm test. "health" refers to the physical, mental or emotional well being of an individual. "historical purpose" means for use in the study of a subject based on the analysis of that subject’s development over a period. "identified" (with respect to personal information) means that the person has been informed of the specific information to be used or disclosed, the new use to which the information will be put and the consequences of agreeing or refusing to the new use or disclosure. "identity" includes the name or identifying characteristics, symbols and numbers of an individual. "implicit" means implied though not plainly expressed [OED 9th].
"inaccurate information" means wrong, incomplete or misleading information or information which does not reflect the truth. "information" means recorded information and is anything that conveys facts, opinions, concepts, ideas or other forms of knowledge and includes records as defined in this Act. The information must be recorded in some manner. Information rather than "record" is used to convey that the exceptions apply to the information in the record, not the whole record. Where exceptions apply to portions of a record, only that part is severed and the applicant receives the remainder of the record. * "Information and Privacy Commissioner" "inquiry" is one stage in the process in which the Commissioner reviews a decision of a head of a public body or investigates a complaint against a head. The inquiry is normally preceded by mediation and if not settled by mediation is followed by an order in which the Commissioner formally disposes of the issues. "interfere" means to obstruct a process or to meddle or get in the way of something [OED]. * "judicial administration record" "judicial review" is the investigation and determination by a court of the legal validity of an act, decision, instrument or transaction, of a question of vires (powers), jurisdiction, concerning an obligation to observe the rules of natural justice or 'act fairly', or concerning principles which should be observed when statutory discretion is exercised [DCL]. A court has the power under the Judicial Review Procedure Act to review actions or decisions by the Commissioner in relation to the exercise or purported exercise of her/his statutory powers of decision (powers or rights conferred by law to make a decision.) It is not an appeal procedure and does not provide a review of questions of fact. (Judicial review is distinct from an adjudicator's review of any decision, act, failure to act by Commissioner as the head of a public body.) "labour relations" information relates to the management of the third party's personnel, whether or not the personnel are organized into bargaining units. "last known address" is the most recent address on file with the public body. "law enforcement record" means any recorded information relating to law enforcement. "mandatory" means of or conveying a command; compulsory [OED 9th]. "mandatory exception" of the Act means a compulsory exclusion to a general right of access which prohibits the head of a public body from disclosing certain types of information.
"may refuse to disclose" means that the section is a discretionary exception to the public’s right of access. The head must exercise discretion in deciding whether to release the information despite the applicability of this exception (unless another exception applies.) In exercising discretion, the head has a duty to consider all relevant factors affecting the particular case. "mediator" is one who interposes between parties at variance for purpose of reconciling them [Black's]. "MLA" means Member of the Legislative Assembly. "minister" is a member of the Executive Council appointed to head a ministry of the government of British Columbia. * "minister responsible for this Act" "ministry records officer" is the employee or officer within each public body who is responsible for ensuring that the public body's records management enables it to comply with the Act. "municipality" includes a city, town, village, district or township incorporated by or defined in the Municipal Act, the City of Vancouver (as defined by the Vancouver Charter) and the Resort Municipality of Whistler (as defined by the Resort Municipality of Whistler Act.) It does not include a village where the Lieutenant Governor in Council has, by regulation applicable to villages generally or to one or more villages, declared that a village shall not be deemed to be a municipality within the meaning of any Act other than the Municipal Act [Interpretation Act]. "must not refuse to disclose" means that the head of the public body must release the information to the applicant unless another exception applies. "must refuse to disclose" means that the section is a mandatory exception to the general right of access, subject to any particular requirements pertaining to the section. The head of the public body has no discretion and must not release the requested information unless required to do so in the public interest under section 25 (information must be disclosed if in the public interest.) "natural person" is a human being. "negotiating position" refers to ongoing or future negotiations. Information from completed negotiations is not covered unless, for instance, the same strategy will be used again and it has not been revealed in the completed negotiations. "negotiation" is the act of settling or arranging the terms and conditions of a bargain, sale, or other business transaction [Black’s]. Information about negotiations would include positions, options, instructions and criteria to be used in negotiations. "notice/notification" - A public body is required by the Act to inform, or give notice to, a member of the public, an affected third party or an applicant regarding certain steps it proposes to take or has taken in the processing of a request or in the disclosure of personal information. A public body must notify:
A public body may notify an affected third party where the head does not intend to give access to information that might be excepted under section 21 or 22. "obtained" means acquired from a source (e.g., a person or organization internal or external to the public body.) "officer" means a holder of a public, civil, or ecclesiastical office; a sovereign’s minister; an appointed or elected functionary [OED 9th]. * "officer of the Legislature" "oral request" means a request made by word of mouth; spoken; not written [OED 9th]. Section 2 of the Regulations permits an applicant to make an oral request for access to a record if (a) the applicant’s ability to read and write English is limited, or (b) the applicant has a physical disability that impairs his or her ability to make a written request. "order" is a direction issued by the Commissioner after completing an inquiry. Under section 58, after completing an inquiry, the Commissioner must dispose of the issues by making an order. The Commissioner may, for example:
"performance" or "efficiency" refers to the management, administration, operations, conduct, functioning, or effectiveness of the public body, its programs or its policies. This phrase relates to the management of finances, assets, and personnel, and the delivery of services of the public body. It also pertains to the effectiveness of the public body’s programs and policies in completing those tasks. "person" includes a corporation, partnership or party, and the personal or other legal representatives of a person to whom the context can apply according to law [Interpretation Act, section 29]. In the context of some sections, "person" will clearly mean an individual; i.e., a human being. "personal recommendation(s) or evaluation(s)" are given either within or outside the employment context. For example, it is common for landlords to require prospective tenants to provide personal recommendations. "personnel evaluation(s)" arise most often in the context of employment. Job performance appraisals and absenteeism reports fall within this category of personal information.
"policy" means a course or principle of action adopted or proposed by a government, party, business or individual [OED]. Policies are usually, but do not have to be, formally recorded and relate directly to the mandate and functions of the public body. "prejudice" means a forejudgment; bias; partiality; preconceived opinion. A leaning towards one side of a cause for some reason other than a conviction of its justice [Black’s]. "privacy" is the claim of individuals to determine for themselves when, how and to what extent information about themselves is communicated to others [Alan Westin, American professor of law]. [Privacy] includes such concepts as:
The right to be let alone. The right of a person to be free from unwarranted publicity and the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned [Black's]. "program(s)" means formally recognized activities and functions designed to deliver specific services which are related to a specific subject matter or topic. Programs do not refer to computer programs. Two closely related terms are "operating program" and "activity." "program contact" is also called the Program Information and Privacy Contact, the public body employee who coordinates a program area's retrieval and review of records in response to a request for records under the Act. The program contact ensures that the program area provides the program director's recommendations for disclosure or exception of the requested records to the central Information and Privacy Unit and the Director/Manager of Information and Privacy. The program contact the link in the request management process between the program area and the Information and Privacy Unit. "program director" is the public body employee or officer (within a ministry, a branch director or equivalent) responsible for ensuring that the management of freedom of information and protection of privacy within her/his program area meets the requirements of the Act. "program, operating" is a series of functions designed to carry out all or part of a public body's mandate.
"project" means a planned undertaking [OED]. "proposal" means a course of action put forward for consideration or as a plan [paraphrased from OED]. * "prosecution" * "public body" "public health" refers generally to the wellbeing of the public at large. "public interest" means the interest of the general public or of a group of individuals. It does not include the interest of only one individual. "Public Record Index" - The minister responsible for this Act publishes annually the Public Record Index, which is an index of records that are available to the public without a request under the Act. The index must include, for each category of records prescribed by the head of a public body, the following:
As with the Directory of Records, the minister must provide copies of the Public Record Index to public bodies and to public libraries and other prescribed libraries in British Columbia. Each public body must ensure that copies of the Public Record Index are available to the public at one or more of its offices. "public safety" refers generally to the safety or wellbeing of the public at large. "publish" means prepare and issue for public sale; make generally known [OED 9th]. "purpose" means that which one sets before him to accomplish or attain; an end, intention, or aim, object, plan, project [Black’s]. The purpose for which personal information was obtained or compiled is the object to be attained or the thing intended to be done; e.g., the administration of a program, the provision of a service or other activity. "quasi-judicial" is a term applied to the action, discretion, etc., of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature [Black’s]. Generally, quasi-judicial boards and tribunals are under a duty to act in accordance with the rules of natural justice [DCL]. A person is acting in a quasi-judicial capacity if he or she is required to:
"racial origin" means the identification of the common descent that connects a group of persons. The Mongolian race and the Caucasian race are examples of racial origin [OED]. "reason(s)" means a motive, cause or justification; a fact adduced or serving at this; the intellectual faculty by which conclusions are drawn from premises [OED]. "reasonable" is a subjective assessment which means fair, proper, just, moderate, suitable under the circumstances; rational; governed by reason; not immoderate or excessive; the standard which one must observe to avoid liability for negligence, including the foreseeability of harm [Black's]. It is applied to a variety of assessments, decisions and duties for which public bodies are responsible under the Act, including:
"recommendation" refers to the submission of a suggested course of action that will ultimately be accepted or rejected by its recipient during a deliberative process; a favoured or preferred course of action. Information must be communicated from one person to another to constitute recommendations, unless the context or form of the record makes it clear that it is prepared to provide recommendations to decision makers. "report" includes a broad range of documents that provide information or opinions. It must consist of a formal statement or account of the results of the collation and consideration of information. Generally speaking, results would not include mere observations or recordings of fact. "request" means asking for access to government records. A request may be formally submitted under the Act, in which case it must be in writing (except in circumstances specified in the regulations.) A formal request brings with it a number of rights, such as the right to a response within 30 days and the right to ask the Commissioner to review a decision. Where a formal request is not necessary, an inquiry for information may be dealt with by the routine release of information. "research" means the systematic investigation into and study of materials, sources, etc., in order to establish facts and reach new conclusions [OED 9th]. "reveal(s)" means to disclose; to come to sight or knowledge [OED 9th]. Information may explicitly or implicitly reveal that which is subject to an exception (e.g., substance of deliberations, advice, recommendations, etc..) "review" means a re-examination by the Information and Privacy Commissioner of a decision, act or failure to act by the head of a public body in the course of processing a request for access to information under the Act. It also refers to the actions of an adjudicator in re-examining any act, failure to act or decision of the Commissioner as the head of a public body. In the context of processing a request, it means the public body's line by line examination of records to determine what information may be disclosed. "routine release" means the disclosure of certain types of information as a matter of course without the necessity of a formal Freedom of Information (FOI) request. Routine release includes (but is not limited to) the release of records that have been designated as available without a formal request under section 71 of the Act. Routine release may be reactive (responding to requests for information when received) or proactive (systematically disseminating information in advance of requests using mechanisms such as the Internet, libraries, etc..) "safety" means the condition of being safe; free from danger or risks [OED]. "scientific" means according to rules laid down in exact science for performing observations and testing the soundness of conclusions; systematic, accurate; used in, engaged in, or relating to science [OED 9th]. "scope" is the range of records covered by the Act, as defined by section 3 of the Act. All records in the custody or under the control of a public body are included in the scope of the Act, except those categories listed in paragraphs 3(1)(a) to (g.) "sever" means the physical masking or removal from a record of any information that is being excepted from disclosure in order that the remainder may be disclosed. The Act requires public bodies to sever excepted information wherever it can reasonably be done in order to ensure that as much information as possible can be disclosed. The actual severing is done by blacking out, taping over, cutting out or otherwise removing the excepted information (e.g., by using special editing features on some photocopiers) so that it is not disclosed with the rest of the record. "significant" means noteworthy; important; consequential [OED 9th]. "similar body" means any group which is comparable in form or function. "substance (of deliberation)" means essence; the material or essential part of a thing [Black's], or essential nature; essence or most important part of anything [OED]. "supplied" means provided or furnished [OED]. "supplied in confidence" applies to information that one person provides or furnishes voluntarily or by law and entrusts to another in circumstances where there is an expectation that privacy will be maintained and the public body will not disclose the information. It would also include information provided orally and recorded by an employee of the public body. Information produced by a public body about a third party is not "supplied." The intention that confidence will be maintained may be explicitly stated within the record in question or may be implied by the circumstances under which the information was submitted and received. Where confidentiality is implied there must be objective grounds to support the assumption of confidentiality. Some factors which may be considered when determining if information was received in confidence are:
The fact that a record is stamped confidential is an indicator of confidence but is not, in itself, sufficient evidence to support the assertion of confidentiality. There must be other evidence which can be used to support the assertion and to prove that the information has been treated in a consistently confidential manner. "tax" means provincial, municipal or federal tax. It does not include licence fees, stumpage fees, royalties, municipal development cost charges levied on developments, or other fees assessed in relation to a direct benefit received by the party paying the fee. "tax return" is a form used to report taxable income or property for federal, provincial or municipal purposes and includes personal, property and business tax information of a third party. "technical information" means information relating to a particular subject, craft or profession or its techniques. * "third party" "time limit" is the legislated period of time allowed under the Act to a public body to:
It may also refer to the legislated period of time allowed to:
"transfer" means the act by which one public body formally passes to another public body the responsibility for processing a request for access to records under the Act, usually because the receiving public body has a greater interest in the requested records. "treaty" is a formally concluded and ratified agreement between states [OED]; a compact made between two or more independent nations with a view to the public welfare; an agreement, league or contract between two or more nations or sovereigns, formally signed by commissioners properly authorized and solemnly ratified by the several sovereigns or the supreme power of each state [Black's]. "undue" means excessive or disproportionate [OED]. "undue financial loss or gain" - There must be objective grounds for believing that releasing the information would result in undue loss or gain to any person or organization. This includes the public body which has custody or control of the information in question and the third party that supplied the information. The loss or gain must be monetary or have a monetary equivalent or value (e.g., loss of revenue, loss of corporate reputation or loss of goodwill by a private sector company.) "unfairly" means without justification, legitimacy or equity. "unreasonably interfere" means going beyond the limits of what is reasonable or equitable [OED 9th] in time and resources and the impact which this use of resources would have on the public body’s day-to-day activities. "use" of personal information means employing it to accomplish the public body's objectives; for example, to administer a program or activity, to provide a service or to determine someone's eligibility for a benefit or suitability for a job.
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This page was last updated August 22, 2005
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