Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 101 o The third party’s representations may address only issues related to the applicability of section 19 or subsection 29(2)(o) of FOIP. Representations related to other exemptions must not be considered by the head in reaching a decision on access.223 Government institutions can combine a section 7 decision with the section 37 notice to an applicant.224 This is an efficient way to meet the timelines imposed by FOIP. For more on section 7 responses, see Chapter 3: Access to Records. Subsection 37(1)(a) Decision 37(1) After a third party has been given an opportunity to make representations pursuant to clause 36(1)(b), the head shall, within 30 days after notice is given: (a) decide whether or not to give access to the record or part of the record; and The government institution must decide whether to withhold or release the third party information within 30 days of having given its section 34 notice to the third party. However, if a third party consented to disclosure of the third party information, the information or record should not be withheld unless another exemption applies to it. The government institution should consider all exemptions to disclosure within the Act, not just section 19(1) of FOIP. The fact that a third party has objected to the release of information is not sufficient grounds for information to be withheld under FOIP. The purpose of third party representations is to assist the government institution by providing additional information and context to aid the government institution’s decision-making.225 The decision to withhold information must always be in accordance with the Act and the government institution has the burden of proof 223 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Section 24 - Time limit and notice of decision - Province of British Columbia (gov.bc.ca). Accessed Sept. 1, 2022. 224 SK OIPC Review Report 082-201-, 083-2019 at [12] to [17] and [121]. 225 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Section 24 - Time limit and notice of decision - Province of British Columbia (gov.bc.ca). Accessed Sept. 1, 2022.
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