Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 33 • In the Commissioner’s report - any matter the Commissioner considers necessary to disclose to establish grounds for the findings and recommendations [s. 46(3)(b) of FOIP]. Relying on subsection 46(3)(b) of FOIP, the Commissioner will exercise discretion and may quote portions of a party’s representations (submission) when issuing a report. This may include quotes from a local authority, applicant or third party’s submission. When making a disclosure, the Commissioner shall take every reasonable precaution to avoid disclosure and shall not disclose: • Information or material which could justify a refusal by a head to give access to a record or part of a record. • Any information as to whether a record exists where the head has applied subsection 7(4) of LA FOIP. The Commissioner and the Commissioner’s staff do not release records to applicants that have been withheld by a local authority. Decisions to release are made by the head under LA FOIP. The Commissioner may recommend release of certain records or information, however, that release must be done by the local authority. During the course of a review, all parties will be asked if they agree to sharing their representations (submissions) with the other parties. If any party wishes to have its submission remain in-camera, it should indicate that to the Commissioner and it will remain so. In camera, in this context, means only the Commissioner (and necessary staff of the Commissioner) will see the submission and it will not be shared with the other parties to the review. If the parties’ consent, then submissions will be shared. Otherwise, they will not be.
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