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> Preliminary & Jurisdictional Issues

This section contains the text of decisions on preliminary or jurisdictional issues under the Freedom of Information & Protection of Privacy Act (FIPPA). Personal identifiers have been removed to protect the privacy of individuals.

Date Section
Decision F08-07* Commissioner's decision on effect of third party requests for review
Decision F08-02 Senior Adjudicator's ruling on applicant's request to expand the scope of an inquiry at the inquiry stage
Decision F07-03 Commissioner's ruling on public body's request to add a late exception
Decision F06-10 Commissioner’s ruling on attempt by unions representing third-party teacher to argue applicability of discretionary disclosure exceptions not applied by the public body.
Decision F06-08 Commissioner's ruling on jurisdiction to hold an inquiry on records and correspondence submitted to a Special Committee of the Legislative Assembly held by the Office of the Clerk of Committees of the Legislative Assembly
Decision F06-07 Commissioner's ruling on admissibility of expert evidence regarding s. 17 and s. 21 harm.

Nov. 4, 2003

Commissioner's decision on reconsideration of earlier decisions by his delegates to grant the WOF an extension of time, under s. 53(2)(b).

Mar. 28, 2003

Ruling regarding application of s. 3(1)(h) to certain defence funding records.

May 10, 2002

Decision to deny the request by the Guide Outfitters Association and two guides to re-open the inquiry leading to Order 01-52.

Nov. 19, 2002

Commissioner is satisfied that the Ministry has custody and control, and the College of Pharmacists has control, of a machine-readable PharmaNet record from which the requested record can be created.

Dec. 12, 2001

Denial of request by applicant's counsel to review in camera submissions and affidavits and to review unsevered copies of the records in dispute.

Apr. 26, 2001

Advice that Elections BC has no authority or reason to request lists of residents from residential care homes for purposes of voter registration, although homes may provide such lists with residents' consent.

Feb. 28, 2001

Decision to proceed with inquiry using a delegate after considering objections by CPR (third party) that the Commissioner is biased and objections to including, Translink, the public body as a party.

Sep. 12, 2000

Decision that certain records of the Police Complaint Commissioner are excluded from the scope of the Freedom of Information and Protection of Privacy Act by s. 3(1)(c) of that Act.

Jul. 28, 2000

Decision that Commissioner does not have jurisdiction to proceed with an inquiry regarding certain records in the custody or under the control of the Police Complaint Commissioner, on the grounds that they are excluded from the scope of the 
Freedom of Information and Protection of Privacy Act by s. 66.1 of the Police Act.

May 12, 2000

Dismissal of complaint about ICBC including a driver's weight on driver's license.

May 8, 2000

Decision that there is no issue remaining for Commissioner to determine in an applicant's request for review of a decision by the Vancouver Police Department.

Apr. 12, 2000

Decision that the Commissioner does not have jurisdiction to proceed with an inquiry regarding an applicant's request for review of the BC Police Complaints Commission's search for requested records, on the grounds that the BC Police Complaints Commission was not a public body under the Freedom of Information and Protection of Privacy Act at the time of the request.
  • Decisions marked with an asterisk * have been taken to judicial review.
    For more information, see the Judicial Reviews Table.

Decisions dated from December 12, 2001 forward are in .pdf format and require Acrobat Reader to view. Please download free Acrobat Reader software at this link:

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