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P-1109
The Ministry of Consumer and Commercial Relations (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act). The requester sought access to five categories of information related to the Ministry's administration of the Bailiffs Act. During the course of a fee appeal related to one of the categories, the requester advised the Ministry that he was limiting the scope of that portion of his request to any "reports or summaries of investigations of bailiffs". This is the subject of this order.
The Ministry advised the requester that it located 14 investigation files. As two files were still open, no report or summary of the investigation had been prepared. The Ministry explained to the requester why no report or summary of the investigation existed for four of the remaining 12 files. The Ministry did identify a report or summary/closing document for the remaining eight files and denied access to these documents on the basis of the following exemptions in the Act:
law enforcement - section 14(1)(d)
law enforcement report - section 14(2)(a)
invasion of privacy - section 21
The requester appealed the denial of access. During the course of the appeal, he raised the issue of the application of section 23 of the Act, the so-called "public interest override".
A Notice of Inquiry was sent to the Ministry and the appellant. Representations were received from the Ministry only.
Information and Privacy Commissioner of Ontario. All Rights Reserved.