Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 27 (3) The application pursuant to subsection 6(1) or the request pursuant to clause 31(1)(a) is suspended until the commissioner notifies the head of the commissioner’s decision with respect to an application or request mentioned in subsection (1). (4) If the commissioner grants an application or request mentioned in subsection (1), the application pursuant to subsection 6(1) or the request pursuant to clause 31(1)(a) is deemed to not have been made. (5) If the commissioner refuses an application or request mentioned in subsection (1), the 30-day period mentioned in subsection 7(2) or subsection 31(2) resumes. Section 43.1 of LA FOIP provides local authorities the ability to apply to the Commissioner requesting authorization to disregard an access request (section 6 application) or a correction request (section 31 request) made by an applicant. Subsection 43.1(1) of LA FOIP requires a local authority to make an application to the Commissioner. Details of how to make an application are contained in The Rules of Procedure. Additional guidance is available in Application to Disregard an Access to Information Request or Request for Correction. A request to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information in a particular case. It is important for a local authority to remember that a request to disregard must present a sound basis for consideration and should be prepared with this in mind.35 The Commissioner sets a high standard when considering applications to disregard. For more on disregarding applications or requests, see the Guide to LA FOIP, Chapter 3, “Access to Records” at Section 43.1: Power to Authorize a Local Authority to Disregard Applications or Requests. 35 Office of the New Brunswick Information and Privacy Commissioner (NB IPC), Interpretation Bulletin – Section 15 – Permission to disregard access request.
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