In the course of investigating consumers’ complaints about Active Energy, BCUC commissioned an investigative report from Consumer Protection BC. During the process, BCUC decided the report should be held in confidence and later, having heard submissions, decided to expunge it from the record. BCUC’s enforcement action later resulted in a settlement agreement with Active Energy. The applicant requested access to the report and BCUC decided to disclose it. Active Energy’s appeal is allowed, as s. 61(2)(c) of the Administrative Tribunals Act excludes the record from FIPPA’s application.