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Document
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PO-1979-I
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File #
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PA-000413-1
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Institution/HIC
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Ministry of Consumer and Business Services
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Summary
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NATURE OF THE APPEAL: This appeal arises from a request made to the Ministry of Consumer and Business Services (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act ) for records relating to the regulation of boilers by the Technical Standards and Safety Authority (the TSSA) and the former Technical Standards Division of the (then) Ministry of Consumer and Commercial Relations. The Ministry identified 197 records that were responsive to the request. It granted partial access to some records and denied access to others relying on a number of exemptions. The requester (now the appellant) appealed the Ministry's decision to this office. During mediation, the appellant revised its request to include only four records: 75, 80, 91, and 92. The Ministry relies on section 17 (third party information) to deny access to these records. The appellant claims there is a public interest in disclosure of the records, pursuant to section 23 of the Act . The Ministry notified one affected party in this appeal which did not consent to the release of the four records. I initially sent a Notice of Inquiry to the Ministry and one affected party. I later sent a Notice to two additional affected parties. The Ministry and two affected parties provided submissions. One affected party raised the issue of custody/control in its representations. I have previously provided the Ministry and the other affected party with an opportunity to reply, and have received their reply representations. I have now reviewed all the representations on this issue and have determined that a further exchange of representations in that regard is not required. Accordingly, disclosure of the portion of the affected party's representations that deal with that issue, as well as the reply submissions of the Ministry and the other affected party concerning custody/control, will not be required. In addition, disclosure of parts of the representations that relate to matters other than the substantive issues in the appeals will not be required. This interim order therefore addresses only the disclosure of the parts of the representations of the Ministry and the two affected parties that relate to substantive issues other than custody/control. ISSUE: The Ministry requested that I share with the appellant only portions of its representations that were submitted in response to the Notice of Inquiry. The two affected parties requested that I withhold their entire representations that were submitted in response to the Notice. The purpose of this interim order is to rule on the extent to which these representations should be shared. DISCUSSION: Procedure for Sharing of Representations In the Notice of Inquiry cover letter to the Board I stated: The representations you provide to this Office may be shared with the appellant, unless there is an overriding confidentiality concern. The procedure for the submitting and sharing of representations is set out in the attached document entitled Inquiry Procedure at the Adjudication Stage . Please refer to this document when preparing your representations. The Inquiry Procedure document states: Adjudicator seeks representations from second party The Adjudicator will send the same or a modified Notice of Inquiry to the second party, along with a copy of the first party's non-confidential representations, seeking representations from that party. Second party submits representations This second party then has three weeks to submit representations. In its representations, the second party must indicate clearly, and in detail: which information in the representations, if any, the party wishes the Adjudicator to withhold from the other party, and its reasons for this request (see confidentiality criteria below). The Inquiry Procedure document later sets out the criteria for withholding representations: The Adjudicator may withhold information contained in a party's representations where: (a) disclosure of the information would reveal the substance of the record claimed to be exempt or excluded; (b) the information would be exempt if contained in a record subject to the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act; or (c) the information should not be disclosed to the other party for another reason. For the purposes of paragraph (c) above, the Adjudicator will apply the following test: (i) the party communicated the information to the IPC in confidence that it would not be disclosed to the other party; and
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Legislation
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Subject Index
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Signed by
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Dawn Maruno
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Published
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Dec 14, 2001
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Type
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Order – Interim
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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