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and the COC includes the records which you requested and you have not raised any argument that is contrary. So I believe that the first part of the test has been met. The second element is that the individual or organization who places the material in the archives must not be a public body. Your argument is that VANOC is a public body and therefore cannot rely on s. 3(1)(g) of FIPPA. Under Schedule 1 FIPPA, the definition of "public body" is provided which I have inserted below. public body" means (a) a ministry of the government of British Columbia, (b) an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or (c) a local public body local public body" means (a) a local government body, (b) a health care body, (b.1) a social services body, (c) an educational body, or (d) a governing body of a profession or occupation, if the governing body is designated in, or added by regulation to, Schedule 3; For VANOC to be a public body, it must meet one of the definitions provided above. VANOC clearly does not meet the definition under (a) as it is not a ministry. I have reviewed Schedule 2 of FIPPA and VANOC has not been designated in, or added by regulation to, Schedule 2. The remaining possibility is that VANOC is a local public body. However VANOC does not match any of the categories provided in the definition of local public body. In my opinion, VANOC cannot be considered a public body under FIPPA and as such the records meet the test under s. 3(1)(g) of FIPPA. In reaching this conclusion, I have also reviewed your arguments in the letter of April 21, 2011 to our office. In the letter you refer to the decision of Madame Justice Fenlon in the matter of Sagen et al vs. VANOC. You draw attention to the fact that Madame Justice Fenlon decided that since VANOC was carrying out a government activity, it must be covered by the Charter. You then stated that it is reasonable for the Freedom of the Press section of the Charter to apply. I cannot see how this section applies to the matter that I am reviewing. Freedom of the

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Press does not entitle reporters access to the records of private organizations or government agencies. You also raised a conflict of interest issue because Penny Ballem, the City Manager of the City signed the Archival Materials Agreement. It is not within our jurisdiction to determine conflict of interest issues and so this allegation is not material to the matter that I am reviewing. Based on the fact that VANOC does not meet the definition of a public body, our office does not have jurisdiction over the records that you requested. Therefore this file will be closed. If you have any further questions or concerns about this matter, please call me directly at (250) 356-0849 or through the toll-free Enquiry BC number 1-800-663-7867. Sincerely,

James K. Burrows Senior Investigator