Document

P-377

File #  P-910589
Institution/HIC  Georgian College of Applied Arts and Technology
Summary

Georgian College (the College) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records relating to the College's decision to serve a "Notice: Trespass to Property Act" on the requester.

The College denied access to all responsive records, except the actual Notice of Trespass, pursuant to sections 19 and 14 of the Act, and the requester appealed the College's decision.

Mediation was not possible, and notice that an inquiry was being conducted to review the College's decision was sent to the appellant, the College, and two individuals who authored one of the responsive records (the affected persons). In the Notice of Inquiry, the College and the appellant were asked to consider the possible application of sections 49(a) and (b) of the Act, and the College responded by claiming these sections as the basis for exempting certain records. The College was also asked to provide a more comprehensive index of records, which it did, listing the 14 records which it found to be responsive to the request.

Record 6, the actual Notice of Trespass, was released to the appellant in response to his original request. Records 1 and 2 are the appellant's access request and the College's decision letter, which have been provided to the appellant and are not at issue in this appeal. Record 10 is a security report prepared after the issuance of the Notice of Trespass, which I find is not responsive to the appellant's request and is outside the scope of this appeal. The College released portions of Records 4 and 8 to the appellant during the course of this appeal.

Therefore, the records which remain at issue are the severed portions of Record 4 and 8, and Records 3, 5, 7, 9 and 11-14. These records consist of memoranda, notes and correspondence relating to the College's decision to issue a Notice of Trespass to the appellant.

Legislation
  • FIPPA
  • 14(1)(b)
  • 14(2)(b)
  • 2(1) law enforcement
  • 2(1) personal information
  • 2(1) personal information (e)
  • 2(1) personal information (g)
  • 2(1) personal information (h)
  • 21(2)
  • 21(2)(d)
  • 21(2)(e)
  • 21(2)(f)
  • 21(2)(h)
  • 21(3)
  • 21(3)(b)
  • 21(3)(d)
  • 21(3)(g)
  • 49(a)
  • 49(b)
  • Section 19
Subject Index
Signed by  Tom Mitchinson
Published  Dec 08, 1992
Type  Order
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