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FOIPOP
November 9, 1994

According to Section 75 and 76.1 of the Act, a Bylaw may also be enacted to provide fees for
services performed under the Act, such as locating, retrieving, preparing, copying and shipping
records, Fees may not be a barrier to access and consequently must fall within the limits
specified by regulations set by Cabinet.

Section 75(2) of the Act states that the applicant must not be charged for the first three hours
spent locating or retrieving a record, or any time spent reviewing a xecord or severing
information from the record. Fees must not be charged if the request is for the applicants own
personal information.

An applicant has the right to request any record in the custody or control of the public body
unless the record contains information exempted from the disclosure under the Act. However, if
it is possible to sever the exempted information from the record, the person must be provided
with the remainder of the zecord, If the information is severed from a record or access to the
record denied compietely, the local government must give the applicant written notification of
the portion of the Act with which it is withholding the information (the applicant may request
the commissioner to review this decision).

Mandatory exenmptions are:

a) Disclosures harmful to the business interest of a third party (Section 21), and

b) Disclosures harmful to an individuals personal privacy (Section 22).

Discretionary exemptions are:

a} Local body confidences (Section 12.1);

b. Policy advice or tecommendarions to local governments (Section 13);

c. Legal advice (Section 14);

d) Disclosure harmful to law enforcement (Section 15);

e) Disclosure harmful to relations or negotiations between the Provincial Govemment and
other governments including local governments and aboriginal governments (Section 16);

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