Public bodies must disclose records on request unless an exemption applies. The procedural obligations are as consequential as the substantive ones.
Timing. Statutes prescribe a short response period, commonly five business days with a single extension. A failure to respond is generally treated as a denial and starts the clock for the requester’s remedies.
The response options. Grant, deny, grant in part with a written explanation of the redactions, or state that the record does not exist — a certification required in many statutes.
Exemptions are construed narrowly and the burden is on the body. Common ones cover personal privacy, law enforcement records, attorney-client privileged material, records subject to litigation privileges, security plans, and certain personnel information. Applying an exemption requires identifying it by provision.
Separation. Exempt material must be separated and the remainder released. Withholding a whole document because part is exempt is the most common error.
Fees. Limited to actual costs for search, redaction, duplication and labour, at rates in a published procedure and fee schedule. Many statutes cap labour rates and require a discount for the first portion of a request and a waiver where disclosure serves the public interest.
Deposits may be required for large requests, subject to statutory limits.
Penalties. Fee shifting, punitive damages and civil fines for arbitrary denials make careless handling expensive.