What records of libraries are subject to the FOIP Act?
• All records that are in the custody or under the control of a library are subject to the FOIP Act (section 4(1)) unless a specific exclusion applies. Published works collected by a library of a public body in accordance with the library’s acquisition of materials policy are excluded from the Act (section 4(1)(j.1)). • A library has custody of a record when the record is in the possession of the library. This includes situations where the records of a third party are kept on the premises of a library. • A record is under the control of a library when it has the authority to manage the record, including restricting, regulating and administering its use, disclosure and disposition.
