How should staff treat working papers and draft documents under FOIP? Does the Act apply to personal handwritten notes?
Certain working papers or draft documents may be considered transitory records and do not need to be maintained on the file. However, if a FOIP request is received for working papers or draft documents before the final version is completed, those documents will be subject to the Act, and may be releasable. Similarly, if the final version has been completed, but the draft or transitory records were not destroyed, those records will be subject to the Act once a request is received. Personal handwritten notes of employees are subject to the Act. However, the Act does not apply to a personal note, communication or draft decision of a person, who is acting in a judicial or quasi-judicial capacity.