Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 49 For further guidance on using affidavits and for a sample format that can be used, see IPC resource, Using Affidavits in a Review with the IPC and The Rules of Procedure. OFFENCES & PENALTIES Section 54: Proceedings Prohibited Proceedings prohibited 54(1) No proceeding lies or shall be instituted against a local authority or the head or other officer or employee of a local authority for: (a) the giving or withholding in good faith of access to any record pursuant to this Act; (b) any consequences that flow from the giving or withholding of access mentioned in clause (a); or (c) the failure to give any notice required pursuant to this Act, if reasonable care is taken to give the required notice. There will undoubtedly be instances in which local authorities release information that is protected from disclosure by a mandatory exemption under LA FOIP. This is likely to be the result of a misinterpretation or misapplication of the statute or simply inadvertence. A person who is injured by such action may well look to the local authority for recovery of the amount of any damages suffered.79 It is also possible that injury could occur from a decision to withhold a record. However, subsections 54(1)(a) and (b) of LA FOIP protect the local authority and its officials from civil liability in these circumstances, if the decision to disclose or withhold was made in good faith. Good faith means that state of mind denoting honesty of purpose, freedom from intention to defraud, and, generally speaking, means being faithful to one’s duty or obligation. Good 79 McNairn and Woodbury, Government Information: Access and Privacy, (2009), Carswell: Toronto at p. 6-34.
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