1. If the adverse consequences of release no longer apply and/or the circumstances have fundamentally altered by the time of the Commissioner’s finding then the decision to withhold can be reversed even though it was justified at the time it was taken.

2. While records of certain non-FOI bodies are outside the FOI Act, such exclusion may not continue following dissolution of such a body and surrender of the records to a department

3. Where officials of public bodies serve on non-FOI bodies on a full or part-time basis, the issues of whether records kept by such officials are "held by" or "under the control of" the FOI public body will depend on the circumstances of the case, such as:
- The nature and status of the non-FOI body;
- The capacity in which the official serves on that body. If the officials serve in a representative capacity (as opposed to a non-representative capacity where an official might be asked to serve due to particular skills or expertise he or she possesses), records would be liable to be deemed to be held by the FOI body*. If the capacity is non-representative, then issues such as physical location of the records and storage would be relevant in determining whether such records are held by the department.

*Please see CPU Note No.14 of June 1999 on Board papers
4. Sensitive board papers deemed to be held by a department may secure protection under section 26 of the FOI Act.