Decisions

Decisions

In a manner similar to Orders, the OIPC can issue legally binding Decisions. While Orders address complaints and requests for review received by the OIPC, Decisions address the following specific topics:

  • A decision on preliminary issues in a specific dispute, or to confirm whether a matter is within the OIPC's jurisdiction.
  • An application by a public body to collect personal information from a source other than the individual.
  • An application by a public body to disregard access requests on the grounds of their repetitious or systematic nature, which unreasonably interfere with the operations of the public body, and/or the access requests are of a frivolous or vexatious nature.
  • A request that the Commissioner exercise his/her discretion not to proceed with an inquiry in relation to a complaint or request for review (FIPPA only).

How to use this table: Decisions can be sorted by date, number and title -- click on the column heading to sort by that category. Use the drop-down menu to filter by legislation type or year. Leading Cases contain extensive discussion of a specific section of the Act.

Year:
Legislation:
Leading Case
Judicial Review
F13-01 May 30, 2013 Vancouver Coastal Health Authority Section 56 Vancouver Coastal Health Authority asked that the OIPC not hold an inquiry into its decision to with... more
F12-01 Apr 18, 2012 City of Rossland Section 43 The City requested authorization to disregard four outstanding requests from the client, as well as ... more
F11-04 Nov 23, 2011 College of Physicians and Surgeons of British Columbia Section 43 The College requested relief from any future requests of the physician. There are no requests curren... more
F11-03 Nov 17, 2011 Ministry of Social Development Section 43 The Ministry requested authorization to disregard two outstanding requests from the client, as well ... more
F11-02 May 12, 2011 Ministry of Finance Section 56 The Ministry asked, under s. 56, that an inquiry not be held respecting the Ministry’s decision to s... more
Judicial Review F11-01 Mar 15, 2011 Law Society of British Columbia Section 56 The applicant requested the Law Society provide him certain correspondence between Davis LLP and thi... more
F10-15 Dec 2, 2010 Simon Fraser University Section 56 The respondent requested access to emails concerning a room in an SFU residence. SFU provided acces... more
F10-14 Nov 4, 2010 Regional District of Central Okanagan Section 56 Adjudicator granted the Regional District of Central Okanagan's request that this matter not proceed... more
F10-13 Nov 3, 2010 Abbotsford Police Department Section 56 Adjudicator denied the Abbotsford Police Department's request that this matter not proceed to inquir... more
F10-12 Oct 21, 2010 Ministry of Attorney General Section 56 Adjudicator granted the Ministry of Attorney General's request that this matter not proceed to inqui... more
F10-11 Oct 14, 2010 Ministry of Labour Section 43 Three of the respondent?s requests are systematic and would unreasonably interfere with the Ministri... more
F10-10 Oct 7, 2010 BC Housing Management Commission Section 56 Adjudicator granted BC Housing’s request that this matter not proceed to inquiry.
F10-09 Sep 29, 2010 Provincial Health Services Authority and Children's and Women's Health Centre of British Columbia Section 43 The respondent‘s request of March 2009 for records regarding his ongoing dispute with the PHSA, exce... more
F10-08 Aug 16, 2010 Ministry of Education Preliminary / Jurisdictional Senior Adjudicator finds that the Commissioner has the authority to investigate the Ministry of Educ... more
F10-07 Jul 29, 2010 British Columbia Lottery Corporation Section 56 Adjudicator denied BCLC’s request that an inquiry not proceed on grounds of abuse of process under F... more
F10-06 Jun 7, 2010 Vancouver Coastal Health Authority Section 56 Senior Adjudicator's decision to grant the Public Body's request that an inquiry under Part 5 of the... more
F10-05 Jun 7, 2010 Interior Health Authority Section 56 Senior Adjudicator's decision to grant the Public Body's request that an inquiry under Part 5 of the... more
F10-02 Apr 8, 2010 Vancouver Island Health Authority Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
Judicial Review F10-04 Mar 16, 2010 Ministry of Public Safety and Solicitor General Preliminary / Jurisdictional Adjudicator's decision that new evidence does not meet the test for re-opening Order F08-13. Other ... more
F10-03 Mar 16, 2010 Ministry of Finance Preliminary / Jurisdictional Adjudicator’s ruling that Ministry properly disclosed personal information to credit agency under s.... more
F10-01 Feb 10, 2010 University of British Columbia Preliminary / Jurisdictional Adjudicator's decision that notes are not in the custody or under the control of UBC. Hearing will ... more
F09-05 Dec 16, 2009 Providence Health Care Society Preliminary / Jurisdictional Adjudicator's ruling on whether Providence Health Care Society is a public body under FIPPA.
F09-04 Jun 22, 2009 Ministry of Housing and Social Development Section 43 The Ministry requested authorization to disregard eight outstanding requests from the respondent, as... more
F09-03 Mar 4, 2009 Abbotsford Police Department Section 56 Senior Adjudicator's decision to grant the Public Body's request that an inquiry under Part 5 of the... more
F09-02 Feb 3, 2009 Ministry of Attorney General Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F09-01 Jan 8, 2009 Ministry of Public Safety and Solicitor General Preliminary / Jurisdictional Commissioner's decision on public body's argument that an access applicant is not an "appropriate pe... more
Leading Case F08-11 Dec 5, 2008 Law Society of British Columbia Section 56 Senior Adjudicator's decision not to proceed to inquiry under s. 56.
F08-10 Nov 26, 2008 Ministry of Environment Section 43 MoE requested authorization to disregard requests made by the respondent or others acting on her beh... more
F08-09 Nov 6, 2008 Ministry of Agriculture and Lands Section 43 MAL requested authorization to disregard requests made by the respondent or others acting on her beh... more
F08-08 Jul 24, 2008 Insurance Corporation of British Columbia Section 56 Senior Adjudicator's decision not to proceed to inquiry under s. 56.
F08-06 Jul 16, 2008 Township of Langley Section 56 Senior Adjudicator's decision not to proceed to inquiry under s. 56 regarding s. 22.
F08-05 Jul 16, 2008 Township of Langley Section 56 Senior Adjudicator's decision not to proceed to inquiry under s. 56 regarding s. 75.
N/A Jul 10, 2008 BC Transmission Corporation Section 42 No summary available.
Leading CaseJudicial Review F08-07 Jul 4, 2008 Ministry of Labour and Citizens' Services Preliminary / Jurisdictional Commissioner's decision on effect of third party requests for review.
F08-04 Mar 12, 2008 Capital Regional District Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F08-03 Feb 27, 2008 The Board of Education of School District No. 34 (Abbotsford) Section 43 The School District requested authorization to disregard requests made by the respondent or others a... more
F08-02 Jan 18, 2008 Insurance Corporation of British Columbia Preliminary / Jurisdictional Senior Adjudicator's ruling on applicant's request to expand the scope of an inquiry at the inquiry ... more
F08-01 Jan 14, 2008 Interior Health Authority Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F07-10 Dec 13, 2007 Ministry of Public Safety and Solicitor General Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F07-09 Nov 2, 2007 District of Summerland Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F07-08 Sep 20, 2007 Provincial Health Services Authority and Children's & Women's Health Centre of British Columbia Section 43 The respondent’s request of May 17, 2006 is not frivolous or vexatious. The PHSA is not authorized t... more
F07-07 Sep 7, 2007 Board of Education of School District No. 49 (Central Coast) Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F07-06 Aug 29, 2007 Vancouver Police Department Section 56 Commissioner's decision to deny public body's request that an inquiry under Part 5 of the Act not be... more
F07-05 Aug 29, 2007 Vancouver Police Department Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F07-04 Jul 23, 2007 District of West Vancouver Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F07-03 Jun 22, 2007 Ministry of Economic Development Preliminary / Jurisdictional Commissioner's ruling on public body's request to add a late exception.
F07-02 Feb 6, 2007 City of Vancouver Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F07-01 Jan 29, 2007 City of Chilliwack Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F06-12 Dec 13, 2006 Ministry of Labour and Citizens' Services and Ministry of Education Section 43 The respondent’s past and outstanding requests are systematic and would unreasonably interfere with ... more
F06-11 Nov 21, 2006 University of British Columbia Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F06-10 Oct 24, 2006 The Board of School Trustees for School District No. 71 (Comox) Preliminary / Jurisdictional Commissioner’s ruling on attempt by unions representing third-party teacher to argue applicability o... more
F06-09 Oct 12, 2006 The Board of School Trustees, School District No. 8 (Kootenay Lake) Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F06-06 Sep 22, 2006 City of Vancouver Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F06-08 Sep 1, 2006 Legislative Assembly & Office of the Clerk of Committees Preliminary / Jurisdictional Commissioner's ruling on jurisdiction to hold an inquiry on records and correspondence submitted to ... more
F06-05 Jul 19, 2006 WorkSafeBC Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F06-07 Jun 20, 2006 Fraser Health Authority Preliminary / Jurisdictional Commissioner's ruling on admissibility of expert evidence regarding s. 17 and s. 21 harm.
F06-04 May 24, 2006 City of Vancouver Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F06-03 Mar 24, 2006 University of British Columbia Section 43 UBC applied for authorization under ss. 43(a) and (b) to disregard the respondent’s outstanding requ... more
F06-02 Jan 30, 2006 Provincial Health Services Authority Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F06-01 Jan 10, 2006 Village of Sayward Section 56 Adjudicator's decision to deny public body's request that an inquiry under Part 5 of the Act not be ... more
F05-08 Oct 25, 2005 University of British Columbia Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F05-07 Sep 26, 2005 Regional District of Comox-Strathcona Section 56 Commissioner's decision not to proceed to inquiry under s. 56.
F05-06 Sep 1, 2005 Ministry of Health Section 56 Commissioner's decision to deny public body's request that an inquiry under Part 5 of the Act not be... more
F05-05 Aug 11, 2005 Ministry of Environment Section 56 Commissioner's decision not to hold any inquiry because of mootness under s. 56,
F05-04 May 27, 2005 Provincial Health Services Authority Section 56 Commissioner's decision to deny public body's request that an inquiry under Part 5 of the Act not be... more
F05-03 May 27, 2005 Provincial Health Services Authority Section 56 Commissioner's decision not to proceed to inquiry under s. 56.
F05-02 Apr 8, 2005 City of Victoria Section 56 Adjudicator's decision not to proceed to inquiry under s. 56.
F05-01 Feb 3, 2005 British Columbia Hydro & Power Authority Section 43 BC Hydro applied for relief under s. 43 on the grounds that respondent’s requests were repetitious a... more
N/A Dec 21, 2004 Vancouver Island Health Authority (“VIHA”) under s. 56 of the Freedom of Information and Protection of Privacy Act (“Act”) regarding a request for review by an applicant under s. 52(1) of the Act Section 56 Commissioner's decision not to proceed to inquiry under s. 56.
N/A Nov 25, 2004 Request for review by an applicant under s. 52(1) of the Freedom of Information and Protection of Privacy Act (“Act”) — Ministry of Public Safety and Solicitor General (“Ministry”) Section 56 Commissioner's decision not to proceed to inquiry under s. 56.
N/A Nov 25, 2004 Request by The Board of School Trustees of School District No. 42 (Maple Ridge-Pitt Meadows) (“School District”), public body, under s. 56 of the Freedom of Information and Protection of Privacy Act (“Act”) Section 56 Commissioner's decision not to proceed to inquiry under s. 56.
Auth. (s. 43) 04-01 Sep 10, 2004 Vancouver Island Health Authority Section 43 VIHA applied for relief under s. 43 on the grounds that respondent’s requests were repetitious and s... more
N/A Aug 18, 2004 Application by Translink to have the request by an applicant to proceed to an inquiry dismissed under s. 56(1) of the Freedom of Information and Protection of Privacy Act (“Act”) Section 56 Adjudicator's decision to deny Translink's request that an inquiry not be held under s. 56(1).
Auth. (s. 43) 03-01 Dec 10, 2003 Ministry of Management Services Section 43 The respondent’s requests are not systematic, but even if they were systematic (or repetitious), res... more
Auth. (s.42) 03-01 Nov 5, 2003 BC Hydro & Power Authority Section 42 No summary available.
N/A Nov 4, 2003 Request for Review – Working Opportunity Fund, Applicant (“WOF”) – Ministry of Attorney General (“Ministry”) Preliminary / Jurisdictional Commissioner's decision on reconsideration of earlier decisions by his delegates to grant the WOF an... more
N/A Jul 9, 2003 Request for review by an applicant under s. 52(1) of the Freedom of Information and Protection of Privacy Act - – Simon Fraser University (“SFU”), public body Section 56 Commissioner's decision not to proceed to inquiry under s. 56.
N/A Mar 28, 2003 Inquiry under Part 5 of the Freedom of Information and Protection of Privacy Act – Robert Matas, The Globe and Mail (“applicant”) – Ministry of Attorney General (“Ministry”) Preliminary / Jurisdictional Ruling regarding application of s. 3(1)(h) to certain defence funding records.
N/A Nov 19, 2002 Inquiry under Part 5 of the Freedom of Information and Protection of Privacy Act – Ann Rees (“applicant”) – College of Pharmacists of British Columbia (“College”) – Ministry of Health Services (“Ministry”) Preliminary / Jurisdictional Commissioner is satisfied that the Ministry has custody and control, and the College of Pharmacists ... more
Leading Case Auth. (s.43) 02-02 Nov 8, 2002 Insurance Corporation of British Columbia Section 43 The applicant, having settled his personal injury claim with ICBC in 1999, has made 18 access reques... more
Leading Case Auth. (s.43) 02-01 Sep 18, 2002 Ministry of Human Resources Section 43 The Ministry has received over 200 access requests from the respondent since 1994, with approximatel... more
N/A May 10, 2002 Ministry of Water, Land & Air Protection (“Ministry”) – Order 01-52 Preliminary / Jurisdictional Decision to deny the request by the Guide Outfitters Association and two guides to re-open the inqui... more
N/A Dec 12, 2001 Inquiry under Part 5 of the Freedom of Information and Protection of Privacy Act – Lheidli T’enneh First Nation (“applicant”) – Ministry of Attorney General (“public body”) Preliminary / Jurisdictional Denial of request by applicant's counsel to review in camera submissions and affidavits and to revie... more
N/A Apr 26, 2001 Release of Resident Lists to Elections BC Preliminary / Jurisdictional Advice that Elections BC has no authority or reason to request lists of residents from residential c... more
Auth. (s.42) 01-01 Apr 19, 2001 Ministry of Health & Ministry Responsible for Seniors Section 42 No summary available.
N/A Feb 28, 2001 Inquiry Regarding Canadian Pacific Railway Company ("CPR"), Greater Vancouver Transportation Authority ("Translink"), 'The Vancouver Province' and another applicant Preliminary / Jurisdictional Decision to proceed with inquiry using a delegate after considering objections by CPR (third party) ... more
N/A Sep 12, 2000 Request for Review between an applicant and the Office of the Police Complaint Commissioner Preliminary / Jurisdictional Decision that certain records of the Police Complaint Commissioner are excluded from the scope of th... more
N/A Jul 28, 2000 Request for Review between [the Applicant] and the Office of the Police Complaint Commissioner Preliminary / Jurisdictional Decision that Commissioner does not have jurisdiction to proceed with an inquiry regarding certain r... more
N/A May 12, 2000 Complaint Under the Freedom of Information and Protection of Privacy Act Regarding ICBC’s Collection of Personal Information Preliminary / Jurisdictional Dismissal of complaint about ICBC including a driver's weight on driver's license.
N/A May 8, 2000 Request for Review between [the Applicant] and the Vancouver Police Department Preliminary / Jurisdictional Decision that there is no issue remaining for Commissioner to determine in an applicant's request fo... more
N/A Apr 12, 2000 Request for Review between [the Applicant] and the British Columbia Police Commission Preliminary / Jurisdictional Decision that the Commissioner does not have jurisdiction to proceed with an inquiry regarding an ap... more
Auth. (s.43) 99-01 Dec 22, 1999 Vancouver Police Board Section 43 Applicant public body had received 3,874 requests, over approximately five years, of which 24 were m... more
Judicial Review N/A Jan 29, 1998 City of Vancouver Section 43 As a result of a successful judicial review, a reconsideration of this decision is attached.
Judicial Review N/A Dec 19, 1997 Law Society of British Columbia Section 43 No summary available.
N/A Oct 16, 1997 Ministry of Human Resources Section 43 No summary available.
N/A Aug 18, 1997 Public Service Employee Relations Commission Section 43 No summary available.
N/A Apr 11, 1997 Ministry of Attorney General Section 43 No summary available.
N/A Mar 7, 1997 Ministry of Agriculture, Fisheries and Food Section 43 No summary available.
Judicial Review N/A Oct 31, 1996 B.C. Transit Corporation Section 43 No summary available.
N/A Aug 30, 1996 Vancouver School Board Section 43 No summary available.
N/A Aug 23, 1996 Ministry of Employment and Investment Section 43 No summary available.
N/A May 27, 1996 BC Hydro & Power Authority Section 43 No summary available.
N/A Mar 31, 1994 BC Lottery Corporation Section 43 No summary available.