Preface

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This publication provides a comprehensive reference tool for the application of Alberta 's Freedom of Information and Protection of Privacy Act (the FOIP Act). It is designed to assist all public bodies that are subject to the Act.

The Guidelines and Practices manual explains the principles of the FOIP legislation and suggests how the Act and Regulation should be understood, taking into consideration some of the most significant decisions of the Information and Privacy Commissioner. The manual also explains roles and responsibilities with respect to the administration of the Act, and offers guidance on procedural matters.

The manual is intended to offer guidelines and to suggest best practices, not binding rules. Some statements are shown in indented bold text with the FOIP logo beside them. This format is used when the statement is either a policy that Government of Alberta departments and their affiliated agencies, boards and commissions must follow or it is a definitive interpretation of the Act based on Commissioner's Orders. Other statements are shown in indented plain text with the FOIP logo beside them. This format is used when the statement is an important procedural matter that should be considered by all organizations subject to the Act.

All examples used are provided as illustrations only and should not be used as authority for any decisions made under the Act. This publication is not to be used as a substitute for legal advice. In case of any doubt as to the proper application of the Act, please refer to the FOIP Coordinator of your public body.

This edition of the Guidelines and Practices manual incorporates amendments to the FOIP legislation up to March 1, 2005, including amendments recommended by the Select Special Committee that completed its review in 2002. This edition references Commissioner's Orders and Investigation Reports released up to December 1, 2004.

Other changes reflect the introduction of private-sector privacy legislation in Alberta on January 1, 2004, and the government reorganization in November 2004. The manual also provides enhanced coverage of a number of topics, including the duty to assist, the duty to create an electronic record, the adequacy of a search, and time limit extensions.