More topics

Section 70 - Certain Records Available Without Request

Last updated on June 7, 2022

Overview

Section 70 requires the head of a public body to make specified types of records available to the public, without a formal request under the Act. 

Section Reference

Section 70 of the Freedom of Information and Protection of Privacy Act

  1. 70 (1) The head of a public body must make available to the public, without a request for access under this Act, the following records if they were created for the purpose of interpreting an enactment or for the purpose of administering a program or activity that affects the public:

a. manuals, instructions or guidelines issued to the officers or employees of the public body,

b. substantive rules or policy statements adopted by the public body,

  1. The head of a public body may sever from a record made available under this section any information the head of the public body would be entitled under Part 2 of this Act to refuse to disclose to an applicant.
  2.  If information is deleted, the record must include a statement of

a. the fact that information has been deleted,

b. the nature of the information, and,

c. the reason for the deletion. 

  1. The head of a public body may require a person who asks for a copy of a record made available under this section to pay a fee to the public body. 

Policy 

  1. Public bodies must establish reasonable timelines within which records that are disclosed pursuant to Section 70 must be produced in response to an informal request. These timelines should be much shorter than the timelines for access requests; generally a week or less. Most records established as routinely releasable should be available "on demand". 

  1. Public bodies that intend to charge fees for records that are routinely released pursuant to section 70 must ensure that those fees are transparently set out in a policy or fee schedule. 

  1. When providing copies of records under this section, public bodies must inform the person that if they are not satisfied with their response, they may make a formal access request under Part 2 of FOIPPA for the records. 

Sectional Index of Commissioner's Orders

The Office of the Information and Privacy Commissioner maintains a Sectional Index of Commissioner’s orders organized by the Act’s section numbers. 

 

The information in this manual is not intended to be and should not take the place of legal advice.  

Last updated: May 2022