¶ … FOIPP Act supersedes all other acts unless the other act expressly provides that it or a provision of it applies despite the Act. Under Section 57, the burden of proof lies with the public body to demonstrate that they can or must block access to the information requested. If the clerk at the public body cannot find the documentation proving his claims of legislative override, then the records must be released.
In this case, there is nothing to respond to -- a generic claim that "there is a policy" does not meet the burden of proof requirements under Section 57. The clerk will be informed that they do not have a choice but to obey the ruling. If the public body wishes to address the matter further, it is the responsibility of the head of the public body, not the clerk, to make the claim, and the head still must provide the evidence. "Policy" is not good enough -- there would need to be a specific legislative override, or evidence provided that would demonstrate that releasing the information would qualify for one of the exceptions listed in Division 2.
36. Section 43 is intended for requests are the routine and burdensome. The section exists to prevent abuse of the system under a scenario that would see requests filed on a systematic basis, in a manner that burdens the client ministry. A case needs to be built for Section 43, and there are several things a client ministry can do to build the case. The ministry would want to show that they have dealt with the applicant with restraint in the past, but that the applicant's requested are either malicious in nature, or have interefered with the ability of the ministry to do its job. It can also be argued that the applicant is not making the requests legitimately -- as in they have no reasonable purpose for the request (are not seeking to correct the record, or has no basis in fact), or also evidence that the applicant has generated requests under multiple names.
37. Section 7 relates to this situation but does not discuss it explicitly. The FOIPP staff have up to 30 days to respond to a request, and this begins the day that the request is made. This is the time frame that is written into the law, and the applicant cannot change that time frame. It is recommended that the applicant file their request...
Dark Age and the Archaic Age Having watched the lectures for the prior learning unit on video, I was prepared to enjoy the video lecture presentation for this learning unit. I previously found the presentation of lectures in the video format to be very convenient because I could observe at my own pace, rewind if I missed part of the lecture, have flexibility about when I was viewing the lecture, and
It consists a series of successively smaller platforms which lifted to a height of about 64 feet, and was constructed with a solid core of mud-brick covered by a thick skin of burnt-brick to guard it from the forces of nature (Burney). The Ziggurat's corners are oriented to the compass points, with walls sloping slightly inwards (Molleson and Hodgson) . The Ziggurat of Ur was a component of a temple
Zoo Animals Human beings have kept animals in zoos for centuries, but only relatively recently have the ethical considerations of this practice been widely considered. At one extreme are those individuals and organizations that see no problem keeping animals in zoos and other attractions, in keeping with the long history of animal confinement in the service of human entertainment, and at the other extreme are those individuals and groups arguing that
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Korean History: The Climate and Culture of Foreign Business The challenge of any cultural history undertaken to determine the foreign business fitness of a location is to make sure that there is due respect afforded the society with regard to issues that might not be seen as directly affecting the bottom line. So much of the time in the business world we are collectively focused on the ideas that surround the
Introduction In ancient Rome, the gladiator games were a popular form of entertainment—but they were also much more than this and served multiple purposes within the Roman civilization. The games were used both by Roman authorities and by the slaves of Rome (the gladiators) as a tool, wielded for a different aim respectively. The Roman religious and the politicians used the games as well for their own ends. While the combats
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