December 2022 |
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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 |
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If you are the Public Body/Trustee |
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Government Institution/Local Authority/Trustee |
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Issues |
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Analyze the Exemptions you Want to Claim |
14 |
Refer to the Index of Records |
16 |
Focus on the Strongest Arguments |
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Refer to the Guide to FOIP, Guide to LA FOIP, or Guide to HIPA |
16 |
Gather Your Evidence |
17 |
Marshall Your Arguments |
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Consider Whether an Exemption Applies to Multiple Records or Pages |
19 |
Subsection 16(1)(a) |
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Before Writing, Consider the Outline of Your Submission |
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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... |
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Solicitor-Client Privilege |
21 |
Adapt the Attached Template |
21 |
If you are a Third Party |
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Determine the Records in Dispute |
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Decide if you Really Care |
22 |
Gather Your Evidence |
23 |
Refer to the Guide to FOIP, Guide to LA FOIP, or Guide to HIPA |
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Marshall Your Arguments |
23 |
Adapt the Attached Template |
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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 |
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Prepare for a Report |
25 |
Appendix A: Template for Applicants |
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Information and Privacy Commissioner Submission by |
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[Applicant Name] |
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IPC File Number: |
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Date: |
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Appendix B: Template for Public Bodies/Trustees |
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Information and Privacy Commissioner Submission by |
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[Applicant Name] IPC File Number: |
29 |
Date: |
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Appendix C: Template for Third Parties |
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Information and Privacy Commissioner Submission by |
34 |
[Applicant Name] IPC File Number: |
34 |
Date: |
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