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The appellant, a trade organization, submitted a request to the Ministry of Consumer and Commercial Relations (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act). The request was for a copy of the report on the review of the Liquor Control Board of Ontario (LCBO) conducted by the Ministry and concluded in February or March of 1996.
The Ministry located a responsive record, and issued an interim access decision and fee estimate. This decision indicated that exemptions would be claimed under the Act, implying that full disclosure would not be given. The appellant paid the estimated fee.
After a time extension under section 27(1)(b), the Ministry forwarded its final access decision to the appellant, denying access in full pursuant to the following exemptions in the Act:
Cabinet records - section 12(1)
advice or recommendations - section 13(1)
economic or other interests - sections 18(1)(f) and (g).
The final decision also indicated that "section 65 applies because disclosure may affect labour relations". This appears to be a reference to section 65(6), which excludes certain records relating to labour relations and employment from the scope of the Act.
As a consequence of its decision to deny access to the entire record, the Ministry refunded to the appellant the bulk of the fees it had charged for processing the request.
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