IPC - Office of the Information and Privacy Commissioner/Ontario

Français

Site Map

Advanced Search

Subject Index Listing

Reconsideration Table

Judicial Review of Municipal Orders

Judicial Review of Provincial Orders

Judicial Review of Privacy Complaint Reports

The Acts

Recent Orders

P-1599

Document		P-1599


File #		P_9800061


Institution/HIC		Ministry of Citizenship, Culture and Recreation


Summary		NATURE OF THE APPEAL: The appellant is a non-profit environmental coalition. It submitted a request to the Ministry of Citizenship, Culture and Recreation (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act ) for access to a report titled "Archaeological/Heritage Recommendations Concerning a Winter Timber Access Road Upgrading and Possible Crossing of an Heritage Trail Area of Concern, Block #34-West Side of Net Lake and Snare Creek, Temagami Management Unit" (Record 1) and any other related information or documents. Following consultations between the Ministry and the appellant, the appellant narrowed the latter part of the request to a second report titled "Cultural Heritage Assessments for Timber Management Planning Undertaken by the Teme-Augama Anishnabai 1991" (Record 2). Before responding to the appellant, the Ministry notified five individuals whose interests might be affected by disclosure of these records (the affected parties), pursuant to section 28 of the Act One affected party did not object to disclosure of Record 2, and the other affected parties objected to disclosure of the records they were involved in producing. The Ministry then issued a decision to the appellant denying access to the records on the basis of the following exemptions contained in the Act : • law enforcement - section 14(1) • third party information - section 17(1) • economic and other interests - section 18(1) • invasion of privacy - section 21 The appellant appealed this decision, and claimed that there was a public interest in disclosure of the records, thereby raising the possible application of section 23 of the Act . A Notice of Inquiry was sent to the Ministry, the appellant and the five affected parties. Representations were received from the Ministry and two affected parties, but not from the appellant. Both records were prepared by consultants on behalf of organizations with an interest in potential timber development. The Ontario Heritage Act (the OHA ) requires cultural heritage planning and fieldwork assessments as part of all timber management operations of this nature. DISCUSSION: THIRD PARTY INFORMATION Sections 17(1)(a), (b) and (c) of the Act state as follows: A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to, (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be so supplied; (c) result in undue loss or gain to any person, group, committee or financial institution or agency; For a record to qualify for exemption under sections 17(1)(a), (b) or (c), the Ministry and/or the affected parties resisting disclosure must satisfy each part of the following three-part test: 1. the record must reveal information that is a trade secret or scientific, technical, commercial, financial or labour relations information; and 2. the information must have been supplied to the institution in confidence, either implicitly or explicitly; and 3. the prospect of disclosure of the record must give rise to a reasonable expectation that one of the harms specified in (a), (b) or (c) of subsection 17(1) will occur. [Order 36] Part One Type of Information The Ministry and one affected party both submit that the information contained in the records is scientific and technical. The Ministry points out that archaeology is recognized as an organized field of knowledge with natural, physical and social science components. It states that the information contained in the records stems from two archaeological assessments in the Temagami area, and that each report sets out the details of the rationale, methods and results of the archaeological fieldwork. The fieldwork was conducted under the auspices of an archaeological licence by experts and their staff. One affected party submits that the purpose of preparing Record 1 "was to inventory and assess cultural heritage sites and features and it reveals scientific information concerning the archeological assessment of the sites along proposed timber access road upgrading and possible crossing of an Heritage Trail Area of Concern." This affected party also makes reference to Order P-1347 in which it was held that information contained in a similar archeological assessment report of native site locations qualified as scientific and technical information. Having reviewed the records and the representations of the Ministry and the affected party, I find that they meet the definition of both scientific and technical information established by former Assistant Commissioner Irwin Glasberg in Order P-454. The records contain "information belonging to an organized field of knowledge in either natural, biological or social sciences or mathematics" and "relate to the observation and testing of certain hypotheses or conclusions undertaken by an expert in the field" (scientific information). Both records also contain information "belonging to an organized field of knowledge which would fall under the general category of applied science or mechanical arts" (technical information). Therefore, I find that the first part of the test has been established. Part Two In order to satisfy part two of the test, the parties resisting disclosure must show that the information was supplied to the Ministry, either implicitly or expli


Legislation		FIPPA 17(1)(b) Section 23


Subject Index		Ontario Heritage Act


Signed by		Tom Mitchinson


Published		Jul 21, 1998


Type		Order


<< Back

Main Menu