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Document
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PO-1873
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File #
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PA-990274-1
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Institution/HIC
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Ministry of the Solicitor General
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Summary
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NATURE OF THE APPEAL: The appellant submitted a request to the Ministry of the Solicitor General (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act ) for access to certain records from the Ontario Fire Marshal's Office (the OFM) relating to carbon monoxide detectors (CO detectors). Specifically, the request reads as follows: Please provide 1998, 1999 records from the [OFM's] office for Application One and Two on: Application One • the quality and effectiveness of [CO] detectors in Ontario, and those that meet CSA [Canadian Standards Association] standards/suggested standards/meet Health Canada indoor air quality guidelines, those CO detectors that are better at addressing and meeting all these differing standards/requirements, those CO detectors that are useless or of poor quality, and whether CO detectors should require display warning levels, and alarm hazardous levels and better technology for consumer use. • the effectiveness and need for other cities to adopt bylaws like Toronto has for mandatory installation of [CO] detectors. • the solutions for buildings with combustion products like cars, stove, with attached garages, furnaces that would complement use of CO detectors (eg. better ventilation etc) • Problems experienced with fire departments being called too often to check on CO detector complaints in Canada, given different levels or standards of detection in Canada than the US, any idea of costs and frequencies of such call, including in Toronto where such detectors are mandatory, and remedies suggested or advocated by the [OFM] • Communications with gas companies, CO detector companies about their concerns re CO detector standards and use, and customer abuse or too frequent complaints; and how authentic or necessary consumer concerns/complaints on CO detectors are. Application Two • assessments/comments of the tests on CO detectors and their defective rates conducted by [a named individual] for W5 and Seneca College and any investigations of his company ([a named company] I believe is the company name) or checks done or run on [the named individual] and his background; and reviews, reactions to W5, CTV or other media stories on CO detectors. • assessments/comments done of US tests of CO detectors, including those done by the Gas Research Organization or other groups and on the recall stand taken by the US Consumer Product Safety Commission for certain CO detectors, and on differences in Canada/US in terms of more sources of CO in the US given, for instance, more indoor gas heaters and gas barbecue cookers/stoves and less requirements there for outdoor ventilation of buildings in building codes. In turn, the Ministry assigned file number 99-0383 to Application One and file number 99-0385 to Application Two. Subsequently, the appellant wrote back to the Ministry and added the following to request 99-0385: • 1998, 1999 testing and testing findings of [CO] detectors commissioned by or done by the [OFM], including testing by the Underwriters Labs, either done in Canada or USA; Fire Marshal's summary of tests and assessment of tests done; and plans for the release of such test results or records or reasons why test results are not being released as yet; and the costs and terms of reference of such testing. The appellant later wrote another letter to the Ministry with respect to request 99-0385 clarifying that the records which he wishes to be considered are: • the 1999 Underwriters Labs (Canada and US) [CO] detectors tests, test results, presentations, telephone, E mail, other communications or records about these tests, [OFM] memos, participation re these 1999 tests, their assessment, summaries of these tests an failure rates, findings of [CO] detectors commissioned by or done by the [OFM], including testing by the Underwriters Labs, either done in Canada or USA, costs and terms of [OFM] involvement (including using or involvement of [named individual] and his notes, memos), plans for the release of such test results or records or reasons why test results are not being released as yet. • The 1998, 1999 probing, checking, and investigation of [a named individual], his background or his company, [named company], given his [CO] detectors testing for W5 and Seneca College. The issue is whether FMO was behind or knew of such investigations and has records on this. A direct response on whether said records are available is needed. The Ministry responded by extending the time for processing both requests. The appellant appealed the Ministry's decision to extend the time with respect to request 99-0383. Appeal PA-990185-1 was opened to deal with that matter. Appeal PA-990185-1 was later resolved in mediation. As part of the resolution, at the request of the Ministry, the appellant agreed to transfer the first paragraph of request 99-0383 over to request 99-0385. Accordingly, request 99-0385 now includes the first paragraph of request 99-0383. Subsequently, the Ministry issued the following decisions with respect to requests 99-0383 and 99-0385. Request 99-0383 The Ministry advised the appellant that no responsive records were identified. Request 99-0385 The Ministry identified 35 pages of records responsive to this request and in turn notified five third parties whose interests might be affected (the affected parties) by the request. Of the five affected parties, three parties advised the Ministry that they had no objections to the disclosure of a number of responsive records. The remaining two affected parties responded to the Ministry and objected to the disclosure of a number of the records. Subsequently, the Ministry issued its decision to the appellant and disclosed pages 1-14 of the responsive records. The Ministry denied access to the remainder of the records, pages 15-35, pursuant to sections 17(1)(a), (b) and (c) (third party information) of the Act . In this decision, the Ministry also advised the appellant of its position that records maintained by the Fire Marshal's Public Fire Safety Cou
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Legislation
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Feb 27, 2001
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