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Document
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MO-1357
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File #
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MA-000071-1
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Institution/HIC
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Town of Kapuskasing
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Summary
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The Town of Kapuskasing (the Town) received a request for access under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) to the following records: all reports, briefing notes, memos, e-mail and written correspondence, sampling or monitoring results, certificates of analysis, and any other relevant information produced by the Town or received by the Town from any source with respect to a spill which took place at a named plant in Kapuskasing in 1986; all reports, briefing notes, memos, e-mail and written correspondence, sampling or monitoring results, certificates of analysis, and any other relevant information produced by the Town or received by the Town from any other source with respect to the quality of the soil or water between the Plant and the Kapuskasing river from the time of the spill in 1986 to the present. This should include any such material produced by the Town or received by the Town from any source relating to the potential contamination of a named property in the Town; all reports, briefing notes, memos, e-mail and written correspondence, sampling or monitoring results, certificates of analysis, and any other relevant information produced by the Town or received by the Town from any other source with respect to clean up operations which have been and are taking place at and in the vicinity of the Plant over the past two years. This should include any such material produced by the Town or received by the Town from any source relating to the clean up operations at a named property; all reports, briefing notes, memos, e-mail and written correspondence, sampling or monitoring results, certificates of analysis, and any other relevant information produced by the Town or received by the Town from any source with respect to contamination of domestic wells at the named property in 1999-2000. The Town identified ten responsive records, and denied access to all of them in their entirety pursuant to section 10(1) of the Act . The requester, now the appellant, appealed the Town's decision. During mediation, the appellant raised the possible application of the public interest override contained in section 16 of the Act , and also maintained that other responsive records could exist. The appellant pointed out that all identified records were from either 1998 or 1999, and the request covers the time period back to 1986. The Town subsequently identified other records and disclosed them to the appellant. However, the appellant continued to maintain that additional responsive records should exist. I sent a Notice of Inquiry initially to the Town and two organizations whose interests might be affected by the outcome of the appeal (affected parties #1 and #2). The Town provided representations to support its position that it had taken reasonable steps to identify all responsive records, but did not provide representations on the sections 10(1) or 16 issues. Both of the affected parties confirmed that they would not be submitting representations. I determined that it was not necessary for me to solicit representations from the appellant before reaching my decisions in the appeal.
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Legislation
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Oct 31, 2000
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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