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OIPC - F13-52053 Notice of Section 43 Application

OIPC - F13-52053 Notice of Section 43 Application

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Published by BobMackin
OIPC - F13-52053 Notice of Section 43 Application
OIPC - F13-52053 Notice of Section 43 Application

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Published by: BobMackin on May 03, 2013
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05/03/2013

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O
FFICE OF THE
 
I
NFORMATION
&
 
P
RIVACY
 C
OMMISSIONER
 
for British Columbia 
Protecting privacy. Promoting transparency.
Mail: PO Box 9038, Stn Prov Govt, Victoria BC V8W 9A4Location: 4th Floor, 947 Fort Street, Victoria BC V8V 3K3T. 250 387 5629 F. 250 387 1696Toll free through
Enquiry BC 
800 663 7867 or 604 660 2421 (Vancouver)W. www.oipc.bc.ca
 OIPC File No.: F13-52053
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NOTICE OF SECTION 43 APPLICATIONTo: BC Pavilion Corporation
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 To: Bob Mackin
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This is notice to you that, under section 43 of the
Freedom of Information and Protection of Privacy Act 
 
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willconsider the application on the date set out below. This matter arises out of 
3DY&R¶V
requestfor it to be allowed to disregard certain requests made under section 5 of FIPPA by BobMackin.It is
3DY&R¶V
position that
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requests are repetitious and that they unreasonablyinterfere with the
3DY&R¶V
operations. It is also
3DY&R¶V
opinion that Bob Mackin
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are frivolous or vexatious.
Date of Application:
 April 8, 2013 1. PavCo seeks authorization under s.43 to:a.
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130207c) dated February 7, 2013 and BCP
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dated February 7, 2013 which were outstanding at the date of the s. 43 applicationto the OIPC;b. limit the number of files the respondent can have open at any one time, and thatPavCo may determine, in light of their s.6(1) duties to the respondent, what is asingle access request for the purposes of the authorization;c. limit the number of person-hours required for each
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 2. PavCo is also asking for an order that the respondent be requested to cease contact (i.e.,sending an email) following
3DY&R¶V
closure of files because he is not satisfied with theresponse. Instead that he be directed to follow the proper appeals process.
Section 43
 
 ±
Section 43 of FIPPA reads as follows:If the head of a public body asks, the commissioner may authorize thepublic body to disregard requests under section 5 or 29 that:(a) would unreasonably interfere with the operations of the public bodybecause of the repetitious or systematic nature of the requests, or (b) are frivolous or vexatious
 
 Page 2
Burden of Proof
 ±
 
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revious decisions establish that the applicant public bodyhas the burden to prove that, because of their repetitious or systemic nature, the accessrequests would unreasonably interfere with the operations of the applicant. In addition,previous decisions establish that the applicant public body has the burden to prove that theaccess requests are frivolous or vexatious.
Schedule for Submissions
 ±
 
The OIPC invites written submissions from the parties on theapplication as follows:
x
the applicant public body
¶VVXEPLVVLRQLVWREHUHFHLYHGE\WKLVRIILFH
March 19, 2013
 
x
 
WKHUHVSRQGHQW¶VUHVSRQVHLVWREHUHFHLYHGE\WKLVRIILFH
March 26, 2013
x
the applicant public body will be given until
April 4, 2013
to provide any reply to thisOffice.One copy of each submission is due in the OIPC, at the address below, by the due datesspecified. Each party must also deliver its submission concurrently to the other party. Seeenclosed contact list.
Address for Submissions to the OIPC:
 Office of the Information and Privacy Commissioner PO Box 9038, Stn. Prov. Govt.4
th
Floor, 947 Fort StreetVictoria, BC V8W 1H2 Attention: Registrar of Inquirieschamilton@oipc.bc.ca 
Date of this Notice: March 7, 2013
 
 Page 3
Instructions for Section 43 Applications 
To help you get ready for this application by the Office of the Information and Privacy
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the most common questions.
 
If you have questions regarding the application process after reading these instructions,please call the registrar, directly at 250-356-7953 or through the toll-free Enquiry B.C. line604-660-2421 (Greater Vancouver Area) or 800 663-7867 (elsewhere in BC).Our applications are similar to our inquiry processes. They involve you sending your writtensubmissions to the OIPC and exchanging copies of your submissions with the other party inthe application. You are not required to appear in person in front of the adjudicator.You may, at your own expense, have a lawyer or another person represent you in theapplication.
Rules for Submissions
Submissions must be:
x
double-spaced
x
no longer than 15 pages each (excluding affidavits)
x
in 12-point type or clear and legible handwriting
x
divided into numbered paragraphsYour submissions, affidavits and any copies of relevant authorities must be 3-hole punched.They should not be bound, cerloxed or placed in plastic covers.In addition, you must provide the OIPC with one electronic copy of all your submissions andaffidavits, in MS Word on a CD-ROM or DVD disc, labelled with the OIPC file number. Applications do not normally involve
in camera 
(private) material. However, if you wish tosubmit
in camera 
material, please read our inquiry instructions on how to do this. Please alsocontact the Registrar at 250-356-7953 for information on when you need to submit your 
in camera 
material for pre-approval.We will accept submissions by e-mail.We may accept large submissions via our secure FTP (File Transfer Protocol) website. Youmay contact the registrar at 250-356-7953, if you wish to make your submissions this way.

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