Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 123 only.251 As such, the Commissioner will not consider other discretionary exemptions unless raised by the government institution.252 Subsection 53(3) of FOIP provides that no one is entitled, as of right, to be present during the Commissioner’s review or to have access to, or comment on, representations made to the Commissioner by any other person. The Commissioner issued The Rules of Procedure which set out the process for reviews. The Rules of Procedure state that representations made to the Commissioner will not be disclosed to another party unless the party submitting the representation agrees that the representation, or a portion thereof, can be shared with another party. Third parties should indicate in their representations whether they consent to the sharing of the representation amongst the parties to the review (applicant and government institution). Section 55: Report of commissioner Report of commissioner 55(1) On completing a review or investigation, the commissioner may prepare a written report setting out the commissioner’s recommendations with respect to the matter and the reasons for those recommendations. (2) If a report is prepared pursuant to subsection (1), the commissioner shall forward a copy of the report to the head and, if the matter was referred to the commissioner by: (a) an applicant or individual, to the applicant or individual and to any third party notified by the head pursuant to section 52; and (b) a third party, to the third party and to the applicant. (3) In the report mentioned in subsection (1), the commissioner may make any recommendations with respect to the matter under review or investigation that the commissioner considers appropriate. 251 The “head” is defined at section 2(1)(e) of The Freedom of Information and Protection of Privacy Act. 252 SK OIPC Review Reports F-2014-006 at [41] to [43], 205-2019, 255-2019 at [11]. See also SNC Lavalin Inc. v. Canada (Minister for International Cooperation), 2003 FCT 681 (CanLII), [2003] 4 FC 900 at [19] to [24].

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