This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987 (the "Act") which gives a person who has made a request for access to a record under subsection 24(1) a right to appeal any decision of a head under the Act to the Information and Privacy Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On September 26, 1988, the Ministry of Community and Social Services (the "institution") received a request for access to "all documentation in possession of your office and specifically any other department in the Ministry of Community & Social Services pertaining to the Second Base Youth Shelter, proposed for the Scarborough area".
2. After reviewing the request, the institution gave notice, pursuant to section 28 of the Act, to Second Base (Scarborough) Youth Shelter (the "affected party") of its intention to release certain records. The affected party was given an opportunity to make representations as to why the records should not be disclosed.
3. The affected party responded by objecting to the disclosure of the records and made representations that were later identified to relate to sections 17 and 21 of the Act.
4. On November 17, 1988, the institution wrote to the requester and the affected party and advised them that it intended to grant partial access to the requested records. The institution raised subsections 13(1), 17(1)(a) and (c), 18(1)(e) and (g) and 21(1) as the grounds for denying access to certain of the requested records. This letter informed both the requester and the affected party that they had 30 days in which to appeal the decision.