Clause analysis – frivolous vexatious

• Posted 2025.11.04

A new area of analysis for 2025, the following information is a draft and subject to correction.

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Introduction 

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Darts and Laurels

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Analysis 

Definitions 

Scope of legislation to disregard requests

What is the process

What is the outcome

Proportionality & Powers

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Appendix 1 Information Reviewed

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Appendix 2 Rubric Questions & Interpretations

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Appendix 3 Tables

Defined terms

	Legislation	Common Law	Regulator
Canada
British Columbia		Unreasonably Interfere	Frivolous, Vexatious Excessively Broad Repetitious, Systematic Public Interest
Alberta			Frivolous, Vexatious Excessively Broad Repetitious, Systematic Unreasonably Interfere
Saskatchewan			Frivolous, Vexatious Repetitious, Systematic Unreasonably Interfere
Manitoba			Frivolous, Vexatious Repetitious, Systematic Unreasonably Interfere
Ontario	Frivolous Vexatious		Unreasonably Interfere Public Interest
Quebec
New Brunswick			Systematic
Nova Scotia			Frivolous, Vexatious Excessively Broad Repetitious, Systematic Unreasonably Interfere
Prince Edward Island			Frivolous, Vexatious Repetitious, Systematic
Newfoundland and Labrador			Frivolous, Vexatious Repetitious, Systematic Unreasonably Interfere
Yukon
Northwest Territories
Nunavut

• Legislation: Defined in statute and regulations
• Common Law: Definitions adopted by courts from regulator review or other source
• Regulator: Commissioner or Ombuds provide working definitions

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Public Interest Override

	Relative Rating	Exists	Application	Mandatory	Third party commercial exemption
Canada	Weak	Yes	Narrow	No	No
British Columbia	Strong	Yes	Broad	Yes	Yes
Alberta	Strong	Yes	Broad	Yes	Yes
Saskatchewan	Weak	Yes	Narrow	No	No
Manitoba	Weak	Yes	Narrow	No	Yes
Ontario	Moderate	Yes	Narrow	Yes	No
Quebec*	Absent*	No*
New Brunswick	Weak	Yes	Narrow	No	Yes
Nova Scotia	Weak	Yes	Broad	No	Yes
Prince Edward Island	Absent	No
Newfoundland and Labrador	Moderate	Yes	Narrow	Yes	No
Yukon	Strong	Yes	Broad	Yes	Yes
Northwest Territories	Strong	Yes	Broad	Yes	Yes
Nunavut	Absent	No

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* – Quebec also has no ability to disregard a request.

• Relative Rating:
  • Strong: Exists, is broadly applicable, overrides other provisions
  • Moderate: Exists, with broad application, is mandatory, no over rides
  • Weak: Exists, application is not mandatory, overrides exist
  • Absent: No public interest override
• Exists: Yes or No
• Application: Broad Narrow
  • Broad includes “despite other provisions”, general “public interest”,
  • Narrow includes only applying to some provisions, only under certain circumstances,
• Mandatory: Yes or No
  • Yes means “must” “shall” “may not apply exemptions”
• Third party exemption: Could this apply to third party commercial information contemplated here OTHER THAN risk to public health/safety

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Ability to Disregard

	Disregard at Head of public body or Regulator	Regulator Ombudsperson or Commissioner	Reporting of Volume	Volume
Canada	Regulator	Commissioner	No	–
British Columbia	Regulator	Commissioner	Yes* (Only friv/vex)	~25
Alberta (FIPPA)	Regulator	Commissioner	Yes	<10/y
Alberta (ATIA)	Head	Commissioner	–	–
Saskatchewan	Regulator	Commissioner	Yes	<10/y
Manitoba	Head	Ombud	–	–
Ontario	Head	Commissioner	–	–
Quebec	No Power	Commission	–	–
New Brunswick	Regulator	Ombud	Yes	<10/y
Nova Scotia (current)	Regulator	Commissioner (“Review Officer”)	Yes	1
Nova Scotia (incoming)	Regulator	Commissioner
Prince Edward Island	Regulator	Commissioner	No
Newfoundland and Labrador	Regulator	Commissioner	Yes	~50/y
Yukon	No Power	Commissioner	–	–
Northwest Territories	Regulator	Commissioner	Yes	1/5y
Nunavut	Regulator	Commissioner	Yes	1/3y

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