On July 8, 1991, the undersigned was appointed Assistant Commissioner and received a delegation of the power and duty to conduct inquiries and make orders under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act").
On April 20, 1989, the Ministry of Community and Social Services (the "institution") received a request for access to the Program Review file of the Children's Castle Day Care Centre in Ottawa, and the 1988-1989 negative Day Nursery Health Inspection Reports (the "reports") prepared by the Ottawa-Carleton Medical Officer of Health (the "MOH"). The institution denied access to the Program Review file and all reports pursuant to subsection 17(1) of the Act.
The requester appealed the decision of the institution to this office. During the course of mediation, the requester received access to the Children's Castle Day Care Centre Program Review file with all personal information severed. The requester indicated that he was satisfied with this decision, and the first part of his appeal was settled.
With respect to the reports, the institution decided to deny access until all potential affected persons were notified and given an opportunity to provide their comments. Pursuant to subsection 28(1) of the Act, the institution notified the MOH for the Regional Municipality of Ottawa-Carleton (the author of the reports) and the day care centres identified by the institution as affected persons.
The MOH and two day care centres responded to the institution's notification, each objecting to the institution's intent to disclose the reports. The day care centres expressed concern that the reports could be misinterpreted by persons not familiar with the circumstances. Despite the objections, the institution decided to release all reports to the requester. One of the day care centres and counsel for the MOH appealed the institution's decision to grant access to the reports.