Section 60.1 - Disregard of Request Under Section 5 or Section 29
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 60.1 of the Freedom of Information and Protection of Privacy Act
- would unreasonably interfere with the operations of the public body because of the repetitious or systematic nature of the requests, or
- are frivolous or vexatious.
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.
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:
Black’s Law Dictionary, 7th edition defines as follows:
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