PO-1681

The appellant submitted a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of Consumer and Commercial Relations (the Ministry) for access to all records in the Ministry's file about a specific birth registration. The appellant stated that he wished full disclosure of "... everything to date and a full disclosure of everything in the future".

The Ministry denied access to any responsive records on the basis of the following sections of the Act:

• law enforcement - sections 14(1) and (2);
• advice or recommendations - section 13;
• solicitor-client privilege - section 19; and
• invasion of privacy - sections 21(1) and 49(b).

The Ministry stated further that the claim for continuing access under section 24(3) was denied as it did not apply to this request.

The Ministry also provided the appellant with a list of records he already had copies of. The appellant was advised that he could request additional copies at a cost of 20 cents per page. Because access was made available to these records, they do not form part of this appeal.

The appellant appealed the denial of access, as well as the Ministry's decision to deny him continuing access to the records.

During the course of this appeal, and within the 35-day time limit for the raising of discretionary exemptions set out in the Confirmation of Appeal, the Ministry issued a subsequent decision letter which clarified that section 49(a) of the Act also applied. With respect to section 14 of the Act, the Ministry clarified that it is relying on subsections 14(1)(a) (law enforcement); 14(1)(f) (right to a fair trial) and 14(2)(a) (law enforcement report).

...

• FIPPA
• 2(1) personal information
• 21(1)(f)
• 21(2)(f)
• 21(2)(h)
• 24(3)
• 47(1)
• 49(b)
• Section 19

• waiver