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A citizen's guide to FOI

21 Apr 2005

Sec tion 43 of the FOIPPA allows the com mis sioner to autho rize a public body to deny a request for infor ma tion that a) would unrea son ably inter fere with the oper a tions of the public body because of the rep e ti tious or sys tem atic nature of the requests, or b) is frivo l ous or vexa t ious. [...] Fees 21 Because the public body will not start assem bling doc u ments until the fee issue is resolved, the time between the agency issu - ing a fee esti mate and the ques tions of fees being resolved (either by you agree ing to pay the fees and paying any deposit, or by the agency waiv ing fees… see below), does not count towards the time during which the agency must respond to your request. [...] A good public inter est argu ment is that you will be using the infor - mat ion to inform the public about a matter of public intere st, and this is rein forced when you can show that the matter has been the subj ect of broad public debate and that you have the capac ity to make the infor mat ion public.) or + I am unable to afford pay ment (state your case) or + any other reason that makes it a m [...] I am drawn to the con - clus ion that the scope of this issue is too part ic ul ar to quali fy for a fee waiver on the ‘pub lic inter est’ ground.” Appen dix 4 39 I submit this applic a tion for review of the denial of a fee waiver under s. 75(5) of the Act on the fol low ing grounds: 1) The Man ager of Infor ma tion erred in fail ing to find that the records requested relate to a matter of public [...] The fol low ing fac tors should be con sid ered in making this deci sion: a) has the sub ject of the records been a matter of recent public debate?; b) does the sub ject of the records relate directly to the envi - ron ment, public health, or safety?; c) could diss em i na tion or use of the infor ma tion in the records rea son ably be expected to yield a public ben e fit by: i. dis clos ing an en
government government information law lawyer human activities public records
ISBN
1550583050
Pages
60
Published in
Canada

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