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Summary
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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 Commissioner.
The facts of this case and the procedures employed in making this Order are as follows:
1. On February 10, 1989, a request was made to the Ministry of Community and Social Services (the "institution") for a copy of a Serious Occurrence Report of an incident at a child care centre. The requester later amended her request on February 10, 1989, to include "Metro's Report" which was an "Exception Report" about the same incident, produced by the Municipality of Metropolitan Toronto Community Services Department, Children's Services Division.
2. Upon receipt of the request, the institution notified the Municipality of Metropolitan Toronto Community Services Department, Children's Services Division, (the "affected party") of the request, pursuant to section 28 of the Act, and invited representations as to whether the records ought to be released. After considering the representations, the institution's decision was to deny access to the requested records in their entirety, citing subsections 17(1) (a) and (c) of the Act.
3. By letter dated April 19, 1989, the appellant, representing the requester, appealed the decision of the head. I sent notice of the appeal to the institution and to the appellant.
4. The records were obtained and examined by an Appeals Officer from my staff, who contacted the appellant and the institution and investigated the circumstances of the appeal.
5. On July 12, 1989, I sent a notice of appeal and notice of inquiry under subsection 50(3) of the Act to the Municipality of Metropolitan Toronto Community Services Department, Children's Services Division, as an affected party in the appeal. I also sent notice to the mother of the child mentioned in the reports, pursuant to the same subsection. I notified both parties that I was conducting an inquiry to review the decision of the head. The Notice of Inquiry stated the facts of the case, and invited representations as to the issues arising in the appeal. I have received representations from the Municipality of Metropolitan Toronto Community Services Department, Children's Services Division, and I have considered them in making my Order.
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