Section 60.1 - Disregard of Request Under Section 5 or Section 29

Overview

Section 60.1 allows the commissioner, as head of a public body, to ask an adjudicator to authorize the commissioner to disregard a request made under section 5 or section 29. The adjudicator may give such authorization only if the request unreasonably interferes with the operation of the public body because the request(s) are repetitious or systematic in nature, or, frivolous and vexatious.

Section Reference

Section 60.1 of the Freedom of Information and Protection of Privacy Act

The commissioner may request an adjudicator designated under section 60 to authorize the commissioner as head of a public body to disregard requests made under section 5 or 29 that

1. would unreasonably interfere with the operations of the public body because of the repetitious or systematic nature of the requests, or
2. are frivolous or vexatious.

Summary

This section grants an adjudicator the power to authorize the commissioner, as head of a public body, to disregard access and correction requests, if the requests interfere unreasonably with the commissioner’s operations due to their “repetitious or systematic” or “frivolous or vexatious” nature.

Procedure

The Commissioner makes a request in writing to the Attorney General requesting the appointment of an adjudicator subject to section 60.1.

Interpretation

Interpretation Note 1:

The Commissioner as head of a public body means that the Commissioner makes decisions related to freedom of information requests to the Office of the Information and Privacy Commissioner and ensures that the Office of the Information and Privacy Commissioner meets the privacy requirements of the Act.

As a result, the Act covers the administrative records of the Office of the Information and Privacy Commissioner, e.g., travel vouchers, requisitions, financial records.

The Act does not contain specific definitions for "repetitious", "systematic", “frivolous” or “vexatious”.

 Oxford Dictionary, 9th edition defines as follows:

"repetitious" characterized by repetition (repeating or being repeated) esp. when unnecessary or tiresome.

"systematic" methodical; done or conceived according to a plan or system. 2. regular, deliberate.

Black’s Law Dictionary, 7th edition defines as follows:

"frivolous" lacking a legal basis or legal merit; not serious; not reasonably purposeful.

"vexatious" (Of conduct) without reasonable or probable cause or excuse; harassing; annoying.

Sectional Index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 26, 2007