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I am writing a reference letter for someone applying to a university in Canada. The site (ubc.ca) where I submit the reference letter states:

It is the policy of the University to treat reference information as confidential. It can, however, be required under Freedom of Information legislation to disclose the substance of any reference but only where it can be done without disclosing the identity of the writer.

I am unfamiliar with Canada's Access to Information Act (ATIA). What does "where it can be done without disclosing the identity of the writer" mean? Does that mean anything that can allow at least one person to guess the the identity of the writer? (in which case, >90% of the letter can't be disclosed)

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  • What are you actually worried about? Did you want 100% of the content to be available under ATIA? One reference might state "This person has been known to me since 1980 and I consider them to be wholly trustworthy and of good character", which doesn't reveal anything about the writer, and another might say "When this person worked for me on my XYZ project for ABC in 1980 they showed competent and thorough working practices", which might. What is unclear about "only where it can be done without disclosing the identity of the writer"? Commented 9 hours ago
  • @WeatherVane "What are you actually worried about? Did you want 100% of the content to be available under ATIA? " I just want to understand. "which doesn't reveal anything about the writer" unless you're the person being referred, or possibly other close persons. Commented 8 hours ago

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Given that the question asks about a particular federal statute, by its specific short title, I will confine my answer to that statute's applicability. Therefore this is not legal advice or even legal information that would be helpful to understanding the meaning of the quote which motivated this question. You cannot rely on this answer — or any answer — about the Access to Information Act to help you understand the information in the quote.

The Access to Information Act, R.S.C. 1985, c. A-1 is only relevant for access to records under the control of "a government institution" (s. 4(1)). "Government institution" in that statute means (s. 2):

(a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and

(b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act;

These are all federal institutions, and would have to be. Universities are not subject to Canada's Access to Information Act.

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  • Thanks, good to know, I guess UBC (University of British Columbia) is misinformed then. Commented 8 hours ago
  • Thanks, I thought under Freedom of Information legislation = under Canada's Access to Information Act (ATIA). Is that incorrect? I know nothing about Canada, except for their hostile immigration police. Commented 8 hours ago
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    There's a provincial law too: bclaws.gov.bc.ca/civix/document/id/complete/statreg/96165_00. Maybe it refers to that. Commented 7 hours ago
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    100% it does. But this question author was wanting to know about how this one particular federal statute applied.
    – Jen
    Commented 7 hours ago

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