Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 56 • Refuse or willfully fail to comply with any lawful requirement of the Commissioner or any other person under LA FOIP without lawful justification or excuse. • Willfully make false statements, mislead or attempt to mislead the Commissioner or any other person in the exercise of the powers, performance of the duties or functions of the Commissioner or other person under LA FOIP. The powers, duties and functions of the Commissioner are laid out in LA FOIP.93 The penalties for doing any of the above is a fine of up to $50,000, imprisonment of up to one year, or both.94 IPC Findings In Review Report LA-2013-004, the Commissioner found that the Northern Village of Pinehouse failed to comply with a lawful requirement of the Commissioner. The Commissioner recommended that the Minister of Justice and Attorney General consider prosecution pursuant to subsection 56(3) of LA FOIP. In the postscript of that report, the Commissioner noted that the offence provision in LA FOIP would never be the most appropriate way to encourage compliance by rural municipalities and that he was reluctant to make such a recommendation. Yet, if rural municipalities are unfamiliar with LA FOIP and fail to utilize the resources created by the IPC and the Access and Privacy Branch at the Ministry of Justice to assist them in their compliance efforts, and fail to respond appropriately to the oversight office, it is citizens who live in those municipalities who are prejudiced. Given the quasi-constitutional status of LA FOIP and the importance of the principles of transparency and accountability, there needs to be serious consequences for non-compliance. In Review Report LA-2014-001, the Commissioner considered subsection 56(3) of LA FOIP. After considering the actions of the Village of Killaly, the Commissioner recommended the Minister of Justice and Attorney General consider prosecution pursuant to subsection 56(3) of LA FOIP. In Review Report LA-2012-003, the Commissioner dealt with the Village of Buena Vista Council and the Administrator preventing the Mayor as “head” to do what the head was required to do under sections 7 and 50 of LA FOIP. The Commissioner recommended that the 93 Additional powers and duties outlined in The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, are adopted by LA FOIP pursuant to subsection 48 of LA FOIP. 94 The Local Authority Freedom of Information and Protection of Privacy Act, SS 1990-91, c L-27.1, s. 56(3).
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