What records of schools/school boards are subject to the FOIP Act?
• All records that are in the custody or under the control of the school are subject to the FOIP Act (section 4(1)) unless a specific exclusion applies. • A school has custody of a record when the record is in the possession of the school. This includes situations where the records of a third party are kept on the premises of the school. • A record is under the control of a school when it has the authority to manage the record, including restricting, regulating and administering its use, disclosure and disposition. • IPC Orders 2001-024 and F2002-006 discuss when a public body has control of a record but not custody.
