Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 46 with the IPC. Finally, the IPC has also issued a resource titled, A Guide to Submissions that offers guidance and templates for applicants, government institutions, local authorities and third parties to assist in preparing and writing a submission for the Commissioner. Applicants are not required to submit evidence or arguments in the form of written representations (submission) in a review because the Commissioner can make a determination as to whether the local authority correctly applied LA FOIP without an applicant’s submission. However, applicants are always invited to provide submissions. There may be circumstances where the Commissioner may need an applicant to provide evidence or argument such as where an applicant claims a party has waived legal privilege, that information should be disclosed in the public interest, or that an applicant is unable to pay a fee. For more on the applicant’s submission see IPC blog, But I’m the Applicant – how can my submission help? IPC Findings In Review Report LA-2012-004, the Commissioner found that the Board of Education of the Saskatoon School Division No. 13 (Board) had not met the burden of proof in demonstrating that any of the exemptions it claimed applied to the record. The Commissioner found that the Board did not provide anything to satisfy the three-part test for subsection 17(1)(d) of LA FOIP including identifying contractual or other negotiations in which disclosure of the information would interfere. It also did not provide enough to support the application of subsections 17(1)(f), (g) or 18(1)(c) of LA FOIP. In Review Report 156-2017 & 264-2017, the Commissioner found that the Rural Municipality of Manitou Lake No. 442 did not meet its obligations under section 51 of LA FOIP. Who has the Burden of Proof Where LA FOIP does not explicitly state which party has the burden of proof, the Commissioner will determine where the burden lies. When making that determination, the Commissioner will consider: • Who raised the issue. • Who is in the best position to meet the burden of proof.71 71 Service Alberta, FOIP Bulletin No. 9, Burden of Proof, November 2009 at p. 4.
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