Application to Disregard an Access to Information Request or Request for Correction 4 V. How does a public body make an application to disregard an access to information request or request for correction? To make an application for a disregard, a public body should send its application directly to the Deputy Commissioner, the Commissioner and the applicant. The application to disregard should consist of: • the applicant’s request(s) and proof of when it was submitted: this may include a date stamped copy of the access to information request(s) or request(s) for correction that the public body wishes to disregard and the email it was attached to if the request was provided electronically; • contact information for the applicant (including email if available); • specific sections relied on (section 45.1(2)(a), (b), or (c) of FOIP or section 43.1(2)(a), (b), or (c) of LA FOIP); • a submission: this should include the public body’s reasons and arguments as to why the Commissioner should grant the application to disregard; • copies of previous access to information requests or correction requests and any section 7 or section 32(2) of FOIP/31(2) of LA FOIP responses provided, if relevant; • copies of letters or emails between the person making the access to information request and the public body, if relevant; • copies of any other documents the head considers relevant; and • proof that the applicant was provided a full copy of the application to disregard. Note: bolded items are mandatory. The 30-day clock will not stop for the public body until these items are received by the IPC. The Deputy Commissioner will contact the public body as soon as possible to explain what is needed in order to proceed. If everything required is provided, the Deputy Commissioner will advise the public body that the clock is officially stopped on the day received. Chapter 3 of the Guide to FOIP and Chapter 3 of the Guide to LA FOIP provide the tests and factors that a public body should address when providing reasons as to why the Commissioner should grant the application to disregard. The public body will not be given another opportunity to provide information about the disregard unless the IPC asks for further information or clarification. As noted, the public body must provide a copy of its entire application to disregard to the applicant.
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