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On October 1, 1992, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
The Centennial College of Applied Arts and Technology (the College) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to "all materials held in the College respecting comment on my teaching effort and performance relating to the School of Continuing Education courses I taught during the Fall 1991 semester, excluding material related to the regular in-class-administrated course evaluations". Specifically the requester sought access to all communication from students to the School of Continuing Education in the nature of a complaint, in original and noted form, and the names and addresses of the complainant(s).
The College did not respond to the request within the statutory time frame of 30 days, and the requester appealed on the basis that the College was deemed to have refused access to the requested records, as provided in section 29(4) of the Act.
During mediation the College identified and disclosed to the appellant a memo dated December 23, 1991. The College also identified a memo dated September 23, 1991, with the intention of disclosing it to the appellant; however, the appellant confirmed that he already had a copy of the memo.
In addition, the College identified an undated two-page handwritten letter received by the College from an individual (the affected person). During mediation, the affected person consented to the release of a typewritten version of the letter "with all identifying factors relating to the author blacked out". The College then released to the appellant a typewritten transcript of the letter, with severances relating to the identity of the affected person.
The College indicated that it had no records in its custody or control that would be responsive to the request, other than the three identified above.
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