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The Ontario Aboriginal Economic Development Program (OAEDP) provides funding for community-based business development. In 1998, the Ministry of Citizenship, Culture and Recreation (the Ministry) initiated a competitive process for the selection of an administrator of the 1998/1999 OAEDP. In doing so, the Ministry circulated a "Notice of Competitive Application Process" to aboriginal organizations in Ontario and subsequently sent an application package to all interested organizations. Five organizations submitted applications for this initiative.
The selection process for the OAEDP Administrator consisted of several stages, and included the review of written material and the conduct of private interviews with each applicant by a five member panel consisting of both Ministry staff and aboriginal representatives, the evaluation and assessment of the results of the review and interview process by an outside consultant and ultimately a recommendation made by the interview panel regarding the proposed candidate.
The grant for this initiative extends for a 16-month period, and will thus end in 2000. The Ministry expects that there will be a competitive process for the years 2000/2001.
NATURE OF THE APPEAL:
The Ministry received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to certain records relating to the 1998/99 OAEDP Administrator application process. The requester was an unsuccessful candidate in this process.
Pursuant to section 28 of the Act, the Ministry notified seven third parties whose interests might be affected (the affected parties) by the request. Of the affected parties which were notified by the Ministry, four were other candidates and three were panel members of the selection committee. Of the four candidates, three responded but objected to disclosure, and the remaining candidate did not respond. Of the three panel members, one responded to the Ministry and consented to the disclosure of any information relating to him. The other two panel members did not respond.
The Ministry then issued its decision letter to the requester, granting partial access to the responsive records. The Ministry denied access to the remaining records or parts of records pursuant to sections 17 (third party information) and 21 (invasion of privacy) of the Act. The Ministry also provided the requester with an index describing the records and identifying the exemptions claimed for each.
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