Casual Legal: Update on FOIP review processes

By Sean Ward
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider

The Office of the Information and Privacy Commissioner (the “OIPC”) recently introduced changes to its processes and procedures for responding to requests for review and complaints relating to the Freedom of Information and Protection of Privacy Act (“FOIP”).

When an individual is unhappy with a decision made by a municipality in relation to a FOIP request, they can ask for a review by the OIPC. The OIPC is also the body that hears complaints from individuals about any unauthorized collection, use or disclosure of personal information.

Recently, the OIPC has acknowledged they face a significant backlog in addressing privacy complaints and requests for reviews of access decisions made by public bodies. They also found that by the time things eventually reached a mediation or inquiry stage, new issues were being raised that created confusion and caused further delay.

To assist in addressing those issues and attempting to reduce their timelines for resolving matters that come before them, the OIPC has introduced several new procedures effective April 1, 2024, including:

• The OIPC will be enforcing a 15-page limit on all new complaints and applications for requests for review, which will have to include all supporting documents in a single submission.
• At the early intake stage, the OIPC will contact applicants and complainants to discuss their request and clarify their submissions to better understand the issues. In some cases, the OIPC will limit the number of issues to be addressed by the public body as part of the complaint or request for review, where there is insufficient evidence or where issues are outside of the OIPC’s jurisdiction.
• Municipalities responding to any complaint or request for review will be asked to provide a contact person to work with the OIPC investigator in an attempt to settle the matter at this early stage before it moves forward. The OIPC has advised that would usually happen over the phone or virtual platform, and in most cases without looking for written submissions at that point.

These revised processes may offer an opportunity to streamline the process for dealing with FOIP complaints or requests for review of access decisions made by municipalities. In particular, there is some hope that municipalities may avoid dealing with certain frivolous complaints. However, it is important to note that this will also place an expectation on municipalities to be available quickly to respond to requests for review, with some pressure earlier on in the process to attempt to resolve any such issues before moving forward with their formal process for review.

To access Alberta Municipalities' Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or send an casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or send an riskcontrol [at] abmunis.ca (email) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.