The IPC has recently considered the indicia of custody or control as applied to records of municipal councillors. The impact of these decisions can have broad application to all institutions.  

In Order MO-2807, the IPC considered whether municipal councillor communications regarding public opinion on the Toronto Pride Parade, cycling issues and Jarvis Street bike lanes, if they existed, were within the custody or control of the institution. The IPC held that the municipal councillor were not acting as an officer of the City and so to the extent the record existed they are not records of the City. That did not answer the question fully whether the records were subject to the Act. The IPC then considered whether the records were within the custody or control of the institution and applied the test articulated by the Supreme Court in Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25, [2011] 2 SCR 306. The IPC held that this test was not satisfied. The records, if they exist, did not relate to a city matter, nor did the City have any authority over the records. Accordingly, the Act did not apply to the records.  

The IPC dealt with similar issues in Orders MO-2821 and MO-2824. In both instances, the IPC held that the Act did not apply to municipal councillor communications regarding cycling issues and communications with registered lobbyists. The records related to the personal or "political" matters of the City councillors which did not fulfill the test as articulated by the Supreme Court in National Defence.