Application to Disregard an Access to Information Request or Request for Correction 3 IV. Why is there a separate IPC procedure for applications to disregard? The IPC has developed a procedure to consider disregards, which is different from the usual review process. The separate procedure was developed for the following reasons: 1. An application to disregard delays any potential access A public body must make an application to disregard within the 30-day response period set out by section 7(2) of FOIP/LA FOIP or section 32(2) of FOIP/31(2) of LA FOIP. When a public body makes an application to disregard with all the necessary elements, this 30-day clock stops (see section 45.1(3) of FOIP or section 43.1(3) of LA FOIP). The disregard process will delay the applicant from potentially getting access to records for the duration of the process. As such, the IPC will expedite any applications to disregard requests received in the office. Our goal is to complete an application to disregard file within 30 calendar days. Public bodies should note the following: • The IPC strongly encourages a public body make an application to disregard within 10 days of receiving an access to information or correction request. This ensures there is enough time to process the request if the application to disregard is refused; • An application for a disregard will not be accepted by the IPC if it is received 30 days after a public body has received an application (access request) or request for correction to personal information; • If the Commissioner refuses an application for a disregard, the clock resumes. For example, if the public body applied for the application to disregard 10 days after receiving the access request or request for correction and the Commissioner refuses the application, the public body has only 20 days to respond to the access request (see section 45.1(5) of FOIP or section 43.1(5) of LA FOIP); and • As part of its plan to expedite the application to disregard process, the IPC will not prepare or share a copy of a draft decision with the public body as it does during reviews. 2. There is no opportunity to appeal Section 45.1(4) of FOIP and section 43.1(4) of LA FOIP indicate that if the Commissioner grants an application to disregard, the application or the request “is deemed to not have been made”. In other words, it is like it never existed. Therefore, the applicant does not have the ability to appeal to the Court. The public body must share its application to disregard with the applicant. This will ensure the applicant understands and will be able to respond to the public body’s reasons for making an application to disregard to the Commissioner.
RkJQdWJsaXNoZXIy MTgwMjYzOA==