1 60

Rules of Procedure

Introduction 8
Part 1: Name and Definitions 9
1-1 Name 9
1-2 Words in Acts or Regulations 9
1-3 Definitions 9
Part 2: Procedure on Reviews Under FOIP and LA FOIP 11
2-1 Request for Review 11
2-2 Early Resolution 11
2-3 Notice of Review 11
2-4 Contents of Notice of Review 11
2-5 Request to Third Parties 12
2-6 Parties to a Review 12
2-7 Index of Records 13
2-8 Contents of a Representation 13
2-9 Records 14
2-10 Analysis of the Information Provided 14
2-11 Preparing a Report 14
2-12 Report will be Posted 15
2-13 Public body to Indicate Decision 15
2-14 Appeal to court 15
Part 2.1: Priority Procedure on Reviews of Failure to Provide a Section 7 Decision 16
2.1-1 Request for Review of a Failure to Issue a Section 7 Decision Only 16
2.1-2 Early Resolution 16
2.1-3 Notice of Review 16
2.1-4 Contents of Notice of Review 16
2.1-5 Sharing a Representation 17
2.1-6 Analysis and Report 17
2.1-7 Report will be Posted 18
2.1-8 Public Body to Indicate Decision 18
2.1-9 Appeal to Court 18
Part 2.2: Priority Procedure on Reviews of Fees and Fee Waivers Only 19
2.2-1 Request for Review of Fees or Failure to Waive Fees Only 19
2.2-2 Early Resolution 19
2.2-3 Notice of Review 19
2.2-4 Contents of Notice of Review 19
2.2-5 Sharing a Representation 20
2.2-6 Analysis and Report 20
2.2-7 Report will be Posted 21
2.2-8 Public body to Indicate Decision 21
2.2-9 Appeal to Court 21
Part 3: Procedure on Reviews Under HIPA 22
3-1 Request for Review 22
3-2 Early Resolution 22
3-3 Notice of Review 22
3-4 Contents of Notice of Review 22
3-5 Request for Representations 23
3-6 Index of Records 23
3-7 Contents of a Representation 23
3-8 Records 24
3-9 Analysis of the information provided 24
3-10 Preparing a Report 25
3-11 Report will be Posted 25
3-12 Trustee to Indicate Decision 25
3-13 Appeal to Court 26
3-14 Commissioner’s Office Shall Destroy the Record 26
Part 4: Procedure on Reported Privacy Breaches Under FOIP and LA FOIP 27
4-1 Reported Privacy Breaches 27
4-2 Notice of Investigation 27
4-3 When Investigating a Privacy Breach 27
4-4 Steps Taken by the Public Body, Minister’s Office or MLA’s Office 27
4-5 Privacy breach Notification and Questionnaire 28
4-6 Closing of File Without Report 28
4-7 Issuing a Report 29
Part 5: Procedure on Reported Privacy Breaches Under HIPA 30
5-1 Reported Privacy Breaches 30
5-2 Notice of Investigation 30
5-3 When Investigating a Privacy Breach 30
5-4 Steps Taken by the Trustee 30
5-5 Privacy Breach Notification and Questionnaire 30
5-6 Closing of File Without a Report 31
5-7 Issuing a Report 31
Part 6: Procedure on Privacy Breach Investigations Under FOIP and LA FOIP 32
6-1 Complaint of Breach of Privacy 32
6-2 Preliminary Inquiries 33
6-3 Notice of Investigation 33
6-4 Notice of Investigation and Questionnaire 33
6-5 Investigation of the Alleged Breach 33
6-6 When Investigating a Complaint of a Privacy Breach 34
6-7 Steps Taken by Public Body, Minister’s Office or MLA’s Office 34
6-8 Breach Notification and Questionnaire 34
6-9 Preparing a Report 35
6-10 Report will be Posted 35
6-11 Head to Indicate Decision 36
6-12 Appeal to Court 36
Part 7: Procedure on Privacy Breach Investigations Under HIPA 37
7-1 Complaint of Breach of Privacy 37
7-2 Preliminary Inquiries 38
7-3 Notice of Investigation 38
7-4 Notice of Investigation and Questionnaire 38
7-5 Investigation of the Complaint and Alleged Breach 38
7-6 When Investigating a Complaint of a Breach 38
7-7 Steps Taken by Trustee 39
7-8 Breach Notification and Questionnaire 39
7-9 Preparing a Report 40
7-10 Report will be Posted 40
7-11 Trustee to Indicate Decision 40
7-12 Appeal to Court 41
Part 8: Information and Evidence 42
8-1 Commissioner’s Office will Communicate With the Parties or Interested Persons 42
8-2 Providing Information in the Form of an Affidavit or Declaration 42
8-3 Refusal to Provide Information or Documents 42
8-4 Commissioner’s Office will Make Inquiries 42
8-5 Party Requesting Oral Representations 42
Part 9: Solicitor-Client or Litigation Privilege 44
9-1 Claiming Solicitor-Client or Litigation Privilege 44
Part 9.1: Youth Criminal Justice Act – Young Offender 45
9.1-1 Claiming records protected by the YCJA 45
Part 9.2: Claims Under Sections 50 of FOIP, 39 of LA FOIP or 43 of HIPA 46
9.2-1 Requesting a review be discontinued 46
Part 10: Application to Disregard an Access to Information Request or a Request for Correction Under FOIP and LA FOIP 47
10-1 Head Applies to Disregard an Access to Information Request or a Request for Correction 47
10-2 Head to Provide Information 47
10-3 Head to provide copy 47
10-4 Parties to Application to Disregard 48
10-5 Commissioner’s Office will Make Inquiries 48
10-6 Priority of Application to Disregard 48
10-7 Form of Commissioner’s Response 48
10-8 Decision will be Posted 48
Part 11: Use of Artificial Intelligence (AI) 49
11.1 Party makes representations (submissions) and relies on AI 49
Where a party makes representations to the IPC and relies on artificial intelligence (AI) in the preparation of those representations, the party must disclose to the IPC: 49
(a) that AI was used; 49
(b) the type of AI used; and 49
(c) how AI was used. 49
11.2 Al used to prepare representations (submissions) 49
Forms 50
Form A: Index of Records 50
Form B: Affidavit of Records 51
Form C: Notice to Produce Records 54
Form D: Summons 56
Form E: 58

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