Guide to Submissions

December 2022 1
Introduction 4
The Legislation 4
Burden of Proof 5
Burden of proof 5
Statutory Interpretation 6
Acts and regulations remedial 6
The Rules of Procedure 6
Preparing the Index of Records 6
Preparing the Submission 7
Preliminaries 7
Determine your Audience 7
Jurisdiction 8
Develop the Submission Outline 9
If you are the Applicant 9
Before Writing, Consider the Outline of Your Submission 9
Solicitor-Client Privilege 10
Things you will be Required to Prove 10
Waiver of fees 10
Refer to the Guide to FOIP, Guide to LA FOIP, or Guide to HIPA 12
Adapt the Attached Template 12
If you are the Public Body/Trustee 13
Government Institution/Local Authority/Trustee 13
Issues 13
Analyze the Exemptions you Want to Claim 14
Refer to the Index of Records 16
Focus on the Strongest Arguments 16
Refer to the Guide to FOIP, Guide to LA FOIP, or Guide to HIPA 16
Gather Your Evidence 17
Marshall Your Arguments 17
Consider Whether an Exemption Applies to Multiple Records or Pages 19
Subsection 16(1)(a) 19
Before Writing, Consider the Outline of Your Submission 19
In a simple case with one record and one exemption, this structured outline would not need to be as detailed. In a case with multiple records and multiple exemptions, public bodies/trustees are encouraged to consider this structure. Obviously public b... 20
Solicitor-Client Privilege 21
Adapt the Attached Template 21
If you are a Third Party 21
Determine the Records in Dispute 22
Decide if you Really Care 22
Gather Your Evidence 23
Refer to the Guide to FOIP, Guide to LA FOIP, or Guide to HIPA 23
Marshall Your Arguments 23
Adapt the Attached Template 24
Steps After the Submission 25
Would a Meeting be Beneficial? 25
Expect Questions From the Commissioner’s Office 25
You may get Requests for Evidence 25
Prepare for a Report 25
Appendix A: Template for Applicants 26
Information and Privacy Commissioner Submission by 26
[Applicant Name] 26
IPC File Number: 26
Date: 26
Appendix B: Template for Public Bodies/Trustees 29
Information and Privacy Commissioner Submission by 29
[Applicant Name] IPC File Number: 29
Date: 29
Appendix C: Template for Third Parties 34
Information and Privacy Commissioner Submission by 34
[Applicant Name] IPC File Number: 34
Date: 34

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