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Requesting a Review:

The Freedom of Information Review Process

 

The following is a general overview of the Review Request process with respect to Applications for Access to a Record.  Please note that each Review Request is dealt with on a case-by-case basis, and as such, the Review process may vary and not always follow all stages or steps.  The Review Process is divided into five stages: Intake, Case Review Analysis, Investigation, Mediation and formal Review.  Throughout the process and prior to the matter reaching formal Review, the Review Office team may attempt to settle the matter by assisting the parties to reach an informal resolution or a mediated resolution during Mediation.

 

Two statutes govern the work of the Review Office: Freedom of Information and Protection of Privacy Act and Part XX of the Municipal Government Act.

 

 

Intake

  • The involvement of the Review Office begins when it receives either: a Form 7 or 8 or a written Request for Review of a Public Body’s decision from an Applicant.  There is no fee to file a Request for Review. 

  • Once a Form or a written Request for Review is received from an Applicant, the Review Office undertakes an initial screening.  The Intake/Administrative Assistant will examine the Form/Request to ensure that the matter is within the statutory jurisdiction of the Review Office. 

  • The only circumstance when the Review Office will refuse to conduct a Review is if the matter is not within its jurisdiction under the governing statutes. This would include if it relates to a private sector matter or a request for a record from the federal government.

  • Once a Request for Review file is opened, the Intake/Administrative Assistant will send a letter of acknowledgment to the Applicant and a notification letter to the IAP Administrator of the designated provincial public body or the Municipal Responsible Officer (for ease, both will be addressed as IAP Administrator in all Review Office correspondence and documents).

  • The letter to the IAP Administrator will list the documents s/he should forward to the Review Office.  These documents will likely include:       

  • the original Form 1 [Application for Access to a Record] or the written Application for Access to a Record;

  • any correspondence between the Public Body, the Applicant and any Third Parties;

  • the Public Body’s decision letter to the Applicant;

  • two complete copies of the Record; a severed and unsevered copy with the exemptions being claimed by the Public Body, with the severances highlighted and clearly marked on the Record;

  • an index of the contents of the Record;

  • answers to any questions the Intake/Administrative Assistant deems appropriate. i.e. search questions.

  • Acting under delegated authority from the Public Body, the IAP Administrator has 15 days from receipt of the notification letter to forward the Record and the accompanying documents to the Review Office. 

  • A Public Body has 15 days from the date the Request for Review is filed to claim any additional exemptions.  Notice must be given to the Applicant and the Review Officer of any late exemptions claimed.  The Review Officer will not consider any additional exemptions claimed beyond the 15-day period.  For additional information please see the Citing Late Exemptions policy on the Review Office website.

  • Once the Intake/Administrative Assistant receives the information from the IAP Administrator, the documents will be examined to ensure they are complete and then will be forwarded to the Case Review Analyst. 

Case Review Analysis

  • Once the Case Review Analyst is satisfied the documents are in order, research begins.  The Case Review Analyst will do some initial research to assist in the Investigation. If the Case Review Analyst has any questions about the material, including the exemptions that have been applied, the IAP Administrator will be contacted for clarification.

  • The Case Review Analyst may be able to assist the parties to reach an informal resolution.  Sometimes when information is shared there is a better understanding of the issues and the legislation and on this basis the matter may be settled and the file closed.

  • If the Review is not settled by informal resolution or if only some of the issues are settled, a letter will be sent to the parties setting out what has been settled, what issues are still outstanding and stating that the file has now been forwarded to Investigation. 

  • The Case Review Analyst is responsible for completing a Case Review Analyst Report for the file.

  • When there are Third Parties, the Review Office may contact them at the appropriate point in the process, depending on the circumstances.

Investigation

  • The Investigation stage begins once the Case Review Analyst has  compiled the complete file including the Record from the public body, completed initial research and possibly attempted informal resolution.

  • The Investigation stage is when all of the issues identified by the Case Review Analyst are thoroughly analyzed, additional issues may be identified, parties may be interviewed, further more detailed research is completed and the Records are examined in detail.  The Investigator will analyze the exemptions claimed by the Public Body and will document the relevant and applicable precedents from all Canadian jurisdictions.  The Investigator, where appropriate, may interview anyone within the Public Body who may have information relevant to the Investigation.

  • At the end of the Investigation, an Investigation Summary Report will be prepared and shared with both the Applicant and the Public Body, giving them both the opportunity to respond as to whether the Report is factual and complete.

  • At anytime during the Investigation, an informal resolution may be reached which is consistent with contents of the Investigation Summary and the governing statutes. If the Review is not settled by informal resolution during the Investigation or if only some of the issues are settled, a letter will be sent to the parties setting out what has been settled, what issues are still outstanding and stating that the file has now been forwarded to Mediation or to formal Review. 

Mediation

  • Mediation is an optional phase at the Review Office.  Both the Applicant and the Public Body must consent to participate in the Mediation.  Mediation is a distinct and separate process from the investigation stage.  Through the Mediation process the Mediator will attempt to assist the parties in trying to reach a full or partial settlement of the Request for Review.  Mediation may result in a reduction to the size of the responsive Record and/or what information is in dispute, may clarify the issues regarding exemptions that have been claimed and may help the parties to gain a better understanding of the governing legislation.

  • Mediation at the Review Office is initially conducted by telephone conversations with the parties.  The Mediator will review the Review Office file including the Record at issue and will contact the parties to discuss the issues.  A Mediation may be held face-to-face where appropriate and helpful. 

  • Throughout the Mediation process, the Mediator remains neutral and impartial while providing the parties with the opportunity to resolve their outstanding issues. All conversations with the Mediator are in confidence and the notes taken by the Mediator during the Mediation process are placed in a sealed envelope before the file is forwarded to the Review Officer. The Mediator, prepares a Mediator’s Report summarizing the Mediation process that forms part of the brief to the Review Officer identifying which issues have been resolved, if any, those issues that remain outstanding and any other information deemed appropriate.

  • At anytime during the Mediation, a resolution may be reached consistent with the findings in the Investigation and the governing statutes. If the parties are able to come to an agreement and there are Terms of Settlement, a Memorandum of Understanding (MOU) will be sent to both parties to sign.  Once it is signed, the file will be closed. 

  • If the Review is not settled during Mediation or if only some of the issues are settled, a letter will be sent to the parties identifying what has been settled, what issues remain outstanding and stating that the file has now been forwarded to formal Review.  The letter will be sent to all parties and will also ask for Representations to be sent within 10 days from receipt of the letter to submit written representations to the Review Officer. If any of the parties anticipate difficulty meeting the 10-day time limit, the Review Officer should be contacted.

  • The Applicant, Public Body and, if any, the Third Parties will be asked to make their written submissions specifically to the Review Officer.  Because the parties have already gone through several stages at the Review Office, they may be confused as to why they are asked for additional information for the formal Review stage. The parties do not have to submit written Representations, but it is highly recommended. Written representations provide the parties with the opportunity to expand on their interest.  For example, in the case of the Public Body who was responsible for severing or refusing to disclose the Records, the Applicant to expand on their arguments for disclosure and the Third Parties to particularize their position regarding the decision of the Public Body. 

  • Any other correspondence or contact, except if it was received during the Mediation stage, will also form part of the official submission.

Formal Review

  • Once the file is forwarded to formal Review, the Review Officer will the review Request for Review, all of the parties’ submissions, the relevant Record, and all internal Reports: Case Review Analyst, Investigative Findings, and Mediator.

  • The Review Officer may contact any of the parties.  The Review Officer may have questions for the IAP Administrator about the Records and she may have specific questions on why certain section(s) of the governing legislation have been cited.  The purpose of these inquires from the Review Officer will be to gain a better understanding of the public body’s decision.

  • Sometimes the written Representations are exchanged between the parties and the parties are given an opportunity to respond to each other’s arguments.  However, Representations are only exchanged where the Review Officer considers it appropriate and always with the consent of all parties. 

  • At any stage during the formal Review process, any of the parties may communicate with the Review Officer to discuss the Review, ask questions, request the opportunity to make further submissions and/or to make an oral representation.  This contact can be by telephone, email or by arranging a meeting. IAP Administrators are encouraged to request a meeting with the Review Officer when there are circumstances when a meeting would be helpful in further explaining the Public Body’s position.

  • The governing legislation grants the Review Officer the authority to require the parties to attend a hearing where appropriate.

  • Once the Review Officer is satisfied that all the necessary information has been collected and all parties have had an opportunity to make Representations, the Review Officer will complete a review of the file and issue a written Review Report.  A copy of the Review Report is sent to all parties.

  • The legislation requires that a Review Report be issued at the conclusion of the formal Review that sets out recommendations and reasons.  The Report will also contain findings, a summary of all submissions received and recommendations with reasons.  The Review Report will make it clear whether or not there should be disclosure of the Record in accordance with the Applicant’s request or whether the Review Officer agrees with the decision of the Public Body and confirms their reliance on particular exemptions.  The Review Report will be made public by posting it to the Review Office website 7-10 days after the Report has been sent to the parties.

  • The Review Office does not distribute records or disclose the contents of records.  Even when the Review Office gets a copy of the records during the Review process, records are not released to you by the Review Office.  If the Review Officer recommends the release of records, records will always come from a Public Body. 

  • The IAP Administrator, on behalf of the head of the Public Body, is asked to acknowledge receipt of the Review Report.  The Public Body has 30 days from receipt of the Report to make a decision with regard to the recommendations and to give written notice of that decision to the Review Office and to the parties.  The statutes provide that if the Public Body does not respond, they are deemed to have refused to follow the recommendations.   The Public Body’s response or failure to respond to the recommendations is posted to the Review Office website and may be reported in the Annual Report.

 

Additional Information

 

If you are already involved in a legal action, you may be able to get the information you are seeking more quickly through the court discovery process than through the Review process. Court discovery and other processes for accessing information might also give you access to more information and records (such as personal information about other people) than you would be able to get through the freedom of information process.