How OIPC Conducts Reviews

This page contains information about how the OIPC conducts reviews under the Access to Information Act (ATIA), Protection of Privacy Act (POPA), Health Information Act (HIA), and the Personal Information Protection Act (PIPA).

Although the Freedom of Information and Protection Act (FOIP) was repealed and replaced by ATIA and POPA in June 2025, many reviews will continue under FOIP for some time.  For more information see Practice Note - Transitional - FOIP Act to ATIA and POPA

A review conducted by the OIPC generally consists of two phases: 1) a settlement phase where the Case Resolution Team works with the parties to try and settle a matter under review, and 2) the inquiry phase where the review file transitions to the Adjudication Team, or other delegate of the Commissioner, to issue an order if a matter under review cannot be settled.

The Commissioner usually exercises discretion to send a request for review for settlement. The majority of reviews are settled by the Case Resolution Team.  If the Commissioner decides not to exercise this discretion, the matter will proceed directly to inquiry.

Notice of Review procedures changes for the settlement and inquiry phases of a review for ATIA and POPA

The OIPC is making changes to its review processes for the settlement and inquiry phases of a review (including expedited inquiries on certain case types), which will come into effect when ATIA and POPA come into force in June 2025.  Consult this document for a summary of those changes: Notice - Changes to Review Processes - Access to Information Act and Protection of Privacy Act

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Settlement Phase

These documents provide parties with a summary of the procedures under which reviews are conducted by the OIPC at the settlement phase, which is typically the first phase of a review:

Procedures for Reviews and Privacy Complaints - Settlement Phase - ATIA and POPA

Procedures for Reviews and Privacy Complaints - Settlement Phase - FOIP, HIA, PIPA

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Inquiry Phase

This document provides parties with a summary of the procedures under which reviews are conducted by the OIPC at the inquiry phase, which is the last phase of a review.

Practice Note - Inquiry Procedures

The following documents provide guidance on specific topics or issues that may arise in an inquiry:

Practice Note - Late Raising of Discretionary Exceptions - ATIA

Practice Note - Directions to Respondents when making submissions in support of claimed exceptions to access during inquiry

Practice Note - Preparing Records at Issue and Index of Records

Practice Note - Providing Affidavits and Other Evidence

Parties requesting variations or changes to the inquiry procedures should use the appropriate form.

• To request an extension to a submission deadline provided in the Notice of Inquiry, please use the following form: Request to Extend the Submission Deadline
• To request permission to provide a portion of a submission in camera, please use the following form: Request to Provide an In Camera Submission
• To request permission to provide an additional submission, please use the following form: Request for Additional Submission after Deadline

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Expedited Inquiry

If a review under ATIA is about a public body’s decision to extend its time to respond to a request, to disregard a request or to declare a request abandoned these reviews will proceed by way of an expedited inquiry.

Deemed refusals, where an applicant has not received a response to an access request and the time limit for providing the information has expired or the time extension taken by those entities has expired with no records provided, may proceed by an expedited inquiry in certain circumstances.

What is an expedited inquiry? It is one where the OIPC has a process in place to issue a decision relatively quickly.  The public body will be required to provide our office with a submission on the issue. The applicant is not required to provide a submission, but will be given an opportunity if they wish to do so. Deadlines for providing submissions to an expedited inquiry may be short.

Guidance documents These documents provide guidance to parties about the information required by the Commissioner when conducting an expedited inquiry into a public body’s decision to extend its time to respond to an access request under section 16 or to disregard a request under section 9 of ATIA see:

• Guidance Document – Expedited Inquiry: Request for Review of a Time Extension Decision (ATIA Section 16)
• Guidance Document – Expedited Inquiry: Request for Review of a Decision to Disregard a Request (ATIA Section 9)

For Public Bodies:

• To make a submission to the OIPC in an expedited inquiry concerning a review of a public body’s decision to extend its time to respond to a request use this form: Expedited Inquiry – Review of a Time Extension Decision Under ATIA Section 16
• To make a submission to the OIPC in an expedited inquiry concerning a review of a public body’s decision to disregard a request use this form: Expedited Inquiry – Review of a Disregard Decision Under ATIA Section 9
• To make a submission to the OIPC in an expedited inquiry concerning a public body’s decision that a request was abandoned use this form: Expedited Inquiry – Review of an Abandonment Decision Under ATIA Section 10

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June 2025