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    • Module 4: Access
      • Exceptions

Exceptions

In this topic, you further explore types of records which are exempt from release under The Access to Information and Protection of Privacy Act, learning about mandatory and discretionary exceptions. You also learn about the careful review of records conducted prior to release, and about the ability to sever information from a record.

The Access to Information and Protection of Privacy Act provides both mandatory and discretionary exceptions. The exceptions are a list of circumstances or conditions that, if they apply to the records in question, mean that the government institution may or will have to deny access to all or part of the record requested.

Mandatory exceptions

Mandatory exceptions must be applied to withhold information before a record is released. They are:

• Personal Information (section 30)
• Records that disclose a confidence of Cabinet (section 18)
• Third party business information if it meets certain tests in the Act (section 27)
• Investigatory files of Statutory Offices (section 30.1)

Discretionary exceptions

The Act provides a list of circumstances in which access may be denied to all or part of a record. These are discretionary exceptions and are grouped into the following categories:

• Local public body confidences (section 19)
• Policy advice or recommendations (section 20)
• Legal Advice (section 21)
• Disclosure harmful to law enforcement (section 22)
• Disclosure harmful to the intergovernmental relations or negotiations (section 23)
• Disclosure harmful to the financial or economical interest of a public body (section 24)
• Disclosure harmful to conservation (section 25)
• Disclosure harmful to individual or public safety (section 26)

Note: Please refer to the Act for complete details. Your ATIPP Coordinator can provide additional information about when and how these exceptions can be applied.

Reviewing the Records Before Release

Before a record is released it will be reviewed to determine if one or more of the exceptions should or must be applied. Often this means a line-by-line review of each record led by the ATIPP Coordinator with help from the program expert and, as needed, legal counsel. If a discretionary exemption is identified, the head or delegate will have to decide if it will be used to deny access to the applicable record. Mandatory exceptions must be applied.

If an exemption is applied, that part of the record will be severed before access is given. In other words, that part of the record will not be disclosed.