How do I complain about a public body’s response to my access request?
If the public body has severed
and/or withheld information from you in response to your
access request, you may request the Commissioner review
that decision.
How do I request a review from the Commissioner?
Write to us within 30 working days after receiving a public body's written decision about records and ask
us to review it. Attach a copy of your original request to the public body and a copy of the public body's response to you.
Click here for a form to use when requesting a review.
Please note, the OIPC does not accept requests for
review via e-mail.
What do I do if I don’t believe I have received all of the records I have requested?
If you do not believe you have received all of the records responsive to your access request, you may complain to us. However, if you have not given the public body an opportunity to respond to and attempt to resolve the complaint, we will normally refer you back to the public body first before we examine your complaint. Please
click here for a helpful form you may use to help you resolve your complaint with the public body.
What do I do if I don’t agree with a fee I have been requested to pay?
Public bodies are entitled to charge a fee for responding to an access request other than a request for your own personal information. If you don’t agree with a fee that has been levied, you may complain to us. However, if you have not given the public body an opportunity to respond to your complaint about the fee, we will normally refer you back to the public body in the first instance before we examine your complaint. Please
click here
for a helpful form you may use to help you resolve your complaint with the public body.
What do I do if I disagree with a time extension the public body has taken to respond to my access request?
In certain circumstances, the law allows public bodies to take an additional 30 days to respond to an access request. If you disagree with a time extension the public body has taken, you may complain to us. However, if you have not given the public body an opportunity to respond to your complaint about the time extension, we will normally refer you back to the public body in the first instance before we examine your complaint. Please
click here for a helpful form you may use to help you resolve your complaint with the public body.
Does it cost money to request a review?
There is no fee for requesting a review of a public body's decision about records.
What happens during a review?
We have 90 working days to investigate and consider your case. A Portfolio Officer will review the public body's decision, discuss the matter with you and the public body, and look at any records in dispute. Portfolio Officers have authority from the Commissioner to assist you and the public body to resolve your dispute by mediation. If you and the public body agree to a mediated settlement, then your case is considered resolved. If you and the public body are unable to reach a settlement, then your request for review
may proceed to a formal inquiry. Click here for a form you can use for your request.
What is a formal inquiry?
A formal inquiry is a bit like a court case. During an inquiry, you and the public body will have the opportunity to present your arguments.
The Commissioner or his delegate may also allow other individuals who have an interest in the case to present arguments. Then you and the public body will be given the opportunity to respond to each other's arguments. The Commissioner or his delegate will consider all presentations and will examine any records in dispute. At the end of the inquiry, the Commissioner or his delegate will issue a written decision called an Order. Click
here for Information About Written Inquiries.
What is an Order?
An order is the final decision about a particular issue or dispute under FIPPA. An
order outlines the important issues of a case and explains how
FIPPA applies. An Order may require a public body to release all or part of a record to you or to withhold all or part of it from you. An
order may also settle disputes about time extensions, corrections to records, or fees.
What if I am unhappy with an Order?
Orders are binding. There is no further appeal process under FIPPA. You can ask the British Columbia Supreme Court to
judicially review an order, but you will have to pay your own legal and administrative costs.
Click here for the full guide about our office and
FIPPA.
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