Application Process: Application Decisions
A decision is made following the review of the records relevant to the application.
FOIPOP promotes governmental accountability, openness and transparency by providing a right of access to an individual’s own personal information and to general information. General information such as documents, records or files held by government, regardless of format, are subject to disclosure to the general public. Exemptions from disclosure are limited in number and specifically outlined in FOIPOP. Some of these exemptions are designed to protect against the unreasonable invasion of personal privacy; to prevent unfair advantages occurring in commercial or government transactions; to protect law enforcement activities; and to safeguard the business conducted by government. Others protect confidential records relative to legal to advice on litigation, the safety of individuals or protected sites. Portions of Cabinet and local public body and municipal in camera session documents are subject to disclosure under certain conditions. Cabinet discussions, ten years or older, and background information, five years or older, must be disclosed unless other exemptions apply.
Public bodies will advise applicants of their decisions by indicating whether the records requested are granted in whole, in part, denied, not located, etc. If applicable, the applicant will be sent a fee estimate and asked to provide any processing fees prior to being provided the records.
The way in which access will be provided, either by providing a copy or by allowing the records to be viewed, will also be stated in the reply.
FOIPOP allows the public body to permit an applicant to view the records rather than providing copies of the records. Although this procedure is not often used, it may be a better option for the applicant to access records such as maps, charts, pictures, etc., or when the request involves a substantial number of records and the applicant does not wish to pay fees associated with copying all of the records.
In situations where the public body decides to deny access or provide only partial access of the records requested, the public body shall provide the reason for the refusal along with any relevant FOIPOP provision upon which the refusal is based.