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ministry in its reply representations, a claim of non-responsiveness is a valid claim under
the Act and not evidence of an attempt to thwart access.
 Records 95, 163, 202, 230 and 246 do not relate to any of the eight parts of the
appellant’s request. As these records are not responsive to the appellant’s request, I can
not provide more detail about their contents. However, I confirm that these records are
not responsive because they do not relate to immunization or vaccination and/or the
proposed amendments to the ISPA. These records relate to other matters in the ministry’s
jurisdiction as well as other public health issues.
 Furthermore, I find that a liberal interpretation of the appellant’s request would
not result in a finding that these records would be responsive to the appellant’s request.
In reviewing these records, I reviewed all of the parts of the appellant’s request and the
subject matter she was seeking. I confirm that these records do not reasonably relate to
the appellant’s request and I uphold the ministry’s decision to withhold these records on
the basis that they are not responsive.
Issue B: Does the mandatory exemption at section 12(1) apply to the records?
 The ministry submits that the following records, in part or in full, are exempt under
section 12(1): 5, 6, 13, 14, 16-18, 20, 21, 26, 276, 28, 30, 31, 33, 34, 36, 39, 46, 48, 67,
68, 70, 96, 120, 129-131, 133-135, 138-143, 145-151, 154, 157, 158, 160-162, 1647,
166-170, 173, 183, 184, 192, 193, 204, 205, 212, 216, 217, 227, 236, 239, 243-245, 251,
 Section 12(1) protects certain records relating to meetings of Cabinet or its
committees. It reads, in part:
A head shall refuse to disclose a record where the disclosure would reveal
the substance of deliberations of the Executive Council or its committees,
an agenda, minute or other record of the deliberations
or decisions of the Executive Council or its committees;
a record containing policy options or recommendations
submitted, or prepared for submission, to the
Executive Council or its committees;
draft legislation or regulations.
 The Executive Council, which is more commonly known as Cabinet, is a council of
6 During the inquiry, the ministry withdrew its claim for the slide deck that was attached to records 27 and
164. As the emails for these records has not yet been disclosed, I will consider the application of section
12 to the emails only.