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Document
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PO-1923
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File #
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PA-000175-1
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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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The Ministry of Consumer and Business Services (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to a copy of a Long Form Statement of Death in respect of a named individual. The requester included an Oath of Secrecy in Form 30 [32] under the Vital Statistics Act (the VSA ), sworn by the Consul General of the Republic of Poland in Toronto. The request for the record was made on a form prescribed by the VSA . The requester also clarified that in submitting this request, he was relying on section 72 of Regulation 1094 made under the VSA . The Ministry denied access to the record under section 21(1) of the Act (invasion of privacy). The requester, now the appellant, appealed the Ministry's decision. During mediation, the appellant informed the Mediator that he was representing the Consul General of the Republic of Poland in Toronto and, although the request was being made under the Act , he believed he was entitled to a copy of the record by virtue of section 72 of Regulation 1094 to the VSA . The Ministry did not accept the appellant's position, and mediation was not successful in resolving this appeal. Once the appeal had been transferred to the adjudication stage, I sent a Notice of Inquiry initially to the Ministry setting out the issues on appeal. The Ministry provided representations in response. I then sent the Notice to the appellant along with the non-confidential portions of the Ministry's representations. The appellant also provided representations. I then provided the Ministry with a Supplementary Notice of Inquiry, seeking representations on certain aspects of section 21(1) not addressed in the original Notice. I also provided the Ministry with a copy of the appellant's representations. The Ministry provided additional representations in response to the Supplementary Notice.
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Legislation
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FIPPA
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21(1)(d)
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21(2)
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21(3)(a)
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21(3)(h)
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Section 23
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2(1)
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Jul 10, 2001
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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