OFFICE OF THE

INFORMATION & PRIVACY

COMMISSIONER
for British Columbia



Protecting privacy. Promoting transparency.



Mail: PO Box 9038, Stn Prov Govt, Victoria BC V8W 9A4
Location: 4th Floor, 947 Fort Street, Victoria BC V8V 3K3
T. 250 387 5629 F. 250 387 1696
Toll free through Enquiry BC 800 663 7867 or 604 660 2421 (Vancouver)
W. www.oipc.bc.ca
OIPC File No.: F13-52053
Applicant's file No.: BCPC 314 and 315

NOTICE OF SECTION 43 APPLICATION

To: BC Pavilion Corporation ("PavCo") ("appIicant")
To: Bob Mackin ("respondent")

This is notice to you that, under section 43 of the Freedom of Information and Protection of
Privacy Act ("FPPA), the nformation and Privacy Commissioner or her delegate will
consider the application on the date set out below. This matter arises out of PavCo's request
for it to be allowed to disregard certain requests made under section 5 of FIPPA by Bob
Mackin.

It is PavCo's position that Bob Mackin's requests are repetitious and that they unreasonably
interfere with the PavCo's operations. It is also PavCo's opinion that Bob Mackin's requests
are frivolous or vexatious.

Date of Application: April 8, 2013

1. PavCo seeks authorization under s.43 to:

a. disregard the respondent's access requests BCPC file 314 (respondent's file
130207c) dated February 7, 2013 and BCPC file 315 (respondent's file 130207d)
dated February 7, 2013 which were outstanding at the date of the s. 43 application
to the OIPC;
b. limit the number of files the respondent can have open at any one time, and that
PavCo may determine, in light of their s.6(1) duties to the respondent, what is a
single access request for the purposes of the authorization;
c. limit the number of person-hours required for each of the respondent's requests;

2. PavCo is also asking for an order that the respondent be requested to cease contact (i.e.,
sending an email) following PavCo's closure of files because he is not satisfied with the
response. 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 the
public body to disregard requests under section 5 or 29 that:

(a) would unreasonably interfere with the operations of the public body
because of the repetitious or systematic nature of the requests, or
(b) are frivolous or vexatious

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Burden of Proof - The OPC's previous decisions establish that the applicant public body
has the burden to prove that, because of their repetitious or systemic nature, the access
requests 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 the
access requests are frivolous or vexatious.

Schedule for Submissions - The OIPC invites written submissions from the parties on the
application as follows:

x the applicant public body's submission is to be received by this office March 19, 2013
x the respondent's response is to be received by this office March 26, 2013
x the applicant public body will be given until April 4, 2013 to provide any reply to this
Office.

One copy of each submission is due in the OIPC, at the address below, by the due dates
specified. Each party must also deliver its submission concurrently to the other party. See
enclosed 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 Street
Victoria, BC V8W 1H2
Attention: Registrar of Inquiries chamilton@oipc.bc.ca


Date of this Notice: March 7, 2013


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Instructions for Section 43 Applications

To help you get ready for this application by the Office of the Information and Privacy
Commissioner ("OPC), we have prepared answers to 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. line
604-660-2421 (Greater Vancouver Area) or 800 663-7867 (elsewhere in BC).

Our applications are similar to our inquiry processes. They involve you sending your written
submissions to the OIPC and exchanging copies of your submissions with the other party in
the 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 the
application.

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 paragraphs

Your 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 and
affidavits, 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 to
submit in camera material, please read our inquiry instructions on how to do this. Please also
contact 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. You
may contact the registrar at 250-356-7953, if you wish to make your submissions this way.



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The registrar may not accept late submissions, except under extenuating circumstances. In
such circumstances, the party must write to the registrar requesting permission to make a
reply submission or a late submission, as the case may be.

Parties must copy each other, at the same time and in a timely manner, on any
correspondence with the OIPC relating to the application, such as requests for more time to
make submissions or objections about procedural issues relating to the application.

Where parties have legal counsel, those legal counsel are expected to provide their clients
with copies of inquiry documents.

The registrar may, with the consent of the parties, at the written request of a party or where
appropriate and reasonable in the circumstances, allow parties more time to make
submissions. The OIPC must receive any such request no later than two days before the
due date for the submission. In such cases, a party wanting more time should where
possible obtain the consent of the other party.

In order to consider the case and make a decision, the adjudicator is provided with the
following material:

x the Notice of Application
x the parties' submissions
x any other material relevant to the application

The adjudicator may request further submissions where the adjudicator considers more
information is necessary or desirable.

After considering the material, the adjudicator issues a written decision to the parties. The
OIPC will first provide each party with a copy of the decision and then make it available to the
public by publishing it on the OIPC website.

Mediation Material Excluded

"Mediation material refers generally to information or communications that relate to offers or
attempts to settle the matter during mediation, including any opinions on the merits of the
matter by the investigator conducting the mediation.

To preserve the confidentiality of the mediation process, you may not, without the written
consent of the other party, include or refer to, in any submission:

x records or information generated during, and related to, the mediation process
x records or information provided by any party related to the mediation process or
x records or information referring or relating to attempts to settle the issues before the
application began


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If the party has not obtained written consent, then the registrar will remove this mediation
material from the submission. The adjudicator will not consider it in reaching a decision.

"Mediation material does not include information related to the factual outcomes of
mediation, such as changes in the issues.
Reference material

You must provide a list of orders, court cases, statutes and other legal authorities that you
mention in your submission. You must also cite the sources you rely on.

In addition to this list, you must provide the following:

x For all published Canadian authorities you refer to, the full name of the order, decision or
legislation you refer to and a proper citation for either QuickLaw or CanLII (Canadian
Legal Information Institute, a public website at www.canlii.org) or the neutral citation
assigned to the order or decision by the issuing body
x For all unpublished or foreign authorities you refer to, a copy of the order, decision or
legislation
x For all links to websites, a copy of the article or other material on the website
x For all other material you refer to, including books, articles and academic journals, a copy
of the relevant section, chapter or article and complete bibliographic information indicating
the title, author, publisher and date of publication

You are responsible for ensuring that the materials and citations you refer to or provide are
accurate and complete.

Questions

Will my name be disclosed?

The Notice of Application gives the name of the applicant and may name the respondent.
The decision will name the applicant but not the respondent.



Are written submissions public documents?

We do not make written submissions available to the public. We refer any request for a copy
of a submission to the party who prepared it.

Are decisions final and binding?

Decisions are final and there is no avenue of appeal under FIPPA. A party can apply to the
Supreme Court of British Columbia for judicial review of the decision.

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If the decision is that the requests do not meet the s. 43 test, the applicant will then be
required to respond to the requests in accordance with legislated timelines.

If the decision is that the requests do meet the s. 43 test, then the applicant complies with
any directions in the decision, such as these: being able to disregard some or all of the
requests that are the subject of the application; having to respond to only one request at a
time; and having to spend only a certain number of hours on a request.