Can a public body refuse disclosure under section 14 of the FOIPP Act?

Prince Edward Island, Canada


The following excerpt is from Prince Edward Island (Economic Development and Tourism) (Re), 2015 CanLII 66639 (PE IPC):

Section 14 of the FOIPP Act is a mandatory exception to disclosure. If the three elements of subsection 14(1) are met, a public body is required to withhold the relevant record, or part of a record, from disclosure. If, however, any of the three requirements of section 14(1) are not met, a public body has no legal right to refuse disclosure under this subsection (CBC v. Privacy Commissioner & IIDI, supra, at paragraph 26).

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