P-640

On January 4, 1994, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.

BACKGROUND:

The Ministry of Community and Social Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to the name of the individual who made a complaint over the telephone to the Ministry alleging that an unlicensed day nursery was being operated on the requesters' premises, in contravention of the Day Nurseries Act (DNA).

The Ministry located a one-page form entitled "Complaint Information", and provided partial access to the requesters, with the name and telephone number of the complainant (the affected person) severed pursuant to section 21 of the Act. The requesters appealed the decision of the Ministry.

Mediation was not successful and notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry and the appellants. Representations were received from both parties.

• FIPPA
• 2(1) personal information
• 21(3)(b)
• 49(b)

• compiled as part of an investigation
• complainant
• Day Nurseries Act