FOIPP Act Policy and Procedures Manual

Overview Section Reference Policy Interpretation Sectional Index of Commissioner's Orders

Section 58 requires the Commissioner, on completing an inquiry, to dispose of issues by issuing the appropriate order. The section also outlines the orders the Commissioner is authorized to make, allows the Commissioner to specify any terms or conditions in such an order, and identifies the individuals to whom a copy of the order must be distributed.

SECTION REFERENCE

Section 58 of the Freedom of Information and Protection of Privacy Act

58 (1) On completing an inquiry under section 56, the Commissioner must dispose of the issues by making an order under this section.

(2) If the inquiry is into a decision of the head of a public body to give or to refuse to give access to all or part of a record, the Commissioner must, by order, do one of the following:

(a) require the head to give the applicant access to all or part of the record, if the Commissioner determines that the head is not authorized or required to refuse access;

(b) either confirm the decision of the head or require the head to reconsider it, if the Commissioner determines that the head is authorized to refuse access;

(c) require the head to refuse access to all or part of the record, if the Commissioner determines that the head is required to refuse access.

(3) If the inquiry is into any other matter, the Commissioner may, by order, do one or more of the following:

(a) confirm that a duty imposed by this Act or the regulations has been performed or require that a duty imposed by this Act or the regulations be performed;

(b) confirm or reduce the extension of a time limit under section 10 (1);

(c) confirm, excuse or reduce a fee, or order a refund, in the appropriate circumstances, including if a time limit is not met;

(d) confirm a decision not to correct personal information or specify how personal information is to be corrected;

(e) require a public body or service provider to stop collecting, using or disclosing personal information in contravention of this Act, or confirm a decision of a public body or service provider to collect, use or disclose personal information;

(f) require the head of a public body to destroy personal information collected in contravention of this Act.

(4) The Commissioner may specify any terms or conditions in an order made under this section.

(5) The Commissioner must give a copy of an order made under this section to all of the following:

(a) the person who asked for the review;

(b) the head of the public body concerned;

(b.1) any service provider to whom the order is directed;

(c) any person given notice under section 54;

(d) the Minister responsible for this Act.

POLICY

1. If the Commissioner determines that the head is not authorized or required to refuse access (i.e., no exception applies to the requested information), the Commissioner requires the head to give the applicant access (Paragraph 58(2)(a)).
   
   
2. If the Commissioner determines that the head is authorized to refuse access (i.e., a discretionary exception applies to the requested information), the Commissioner either confirms the decision of the head or requires the head to reconsider the decision (Paragraph 58(2)(b)).
   
   
3. If the Commissioner determines that the head is required to refuse access (i.e., a mandatory exception applies to the requested information), the Commissioner requires the head to refuse access (Paragraph 58(2)(c)).
   
   
4. The Commissioner is permitted to make an order for or against a public body or service provider with respect to the collection, use or disclosure of personal information (Paragraph 58(3)(e)) and the Commissioner is required to provide a copy of the order to the head of the public body (Paragraph 58(5)(b)) or the service provider (Paragraph 58(5)(b.1)).
   
   
5. If the Inquiry concerned any other matter, the Commissioner may make an order requiring compliance with the Act. This includes:

• Confirming or reducing a time limit for responding to a request;
  
  
• Changing a fee charged under the Act;
  
  
• Confirming or changing a decision regarding a request for correction to personal information;
  
  
• Requiring the public body or service provider to stop collecting, using or disclosing personal information in contravention of the Act; or
  
  
• Requiring the destruction of personal information collected in contravention of the Act.

INTERPRETATION

Interpretation Note 1:

In an inquiry into any other matter, including a review or investigation into a complaint under section 44, the commissioner may make an order as described in subsections (3)(a) through (f).

The Commissioner may attach any terms or conditions to an order and must give a copy of the order to the person who asked for the review, the head of the public body or service provider concerned, any person given notice of the review under section 54, and the minister responsible for the Act.

Failure to comply with a commissioner’s order made under this section constitutes an offence under section 74(1)(c).

SECTIONAL INDEX OF COMMISSIONER'S ORDERS

For orders organized by the Act's section numbers, Click here.