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The Ministry of Consumer and Commercial Relations (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a certified copy of the birth record and marriage record for a named individual (the individual) and a certified copy of the death record for another named individual (the deceased). The Ministry located the records responsive to the request and provided partial access to the statement of death.
The Ministry denied access to the remaining information on the basis that under section 21(1) of the Act, disclosure would constitute an unjustified invasion of the personal privacy of the individuals referred to in the records. The Ministry's decision letter also indicated that pursuant to the Vital Statistics Act (the VSA), the requester was not entitled to receive certified copies of the records. The requester, represented by counsel, appealed the denial of access.
The requester, now the appellant, is a genealogist who locates heirs to unclaimed assets and estates being administered by the Office of the Public Guardian and Trustee. In his letter of appeal, the appellant states that for the past 32 years, he has obtained copies of records filed with the Office of the Registrar General (the ORG) under the provisions of the VSA. Access to this information is critical to his business operation. The appellant advises that in 1991, the Ministry changed its policy and restricted access to the information to which he had previously enjoyed unrestricted access. The Ministry advised the appellant that authorization from next of kin was now required before the Ministry would release the information requested. The appellant has been in dialogue with the Ministry since that time.
The records at issue in this appeal are the copy of the marriage record and the portion of the ORG ledger showing the entry of birth record for the individual and the withheld portions of the statement of death for the deceased. The Ministry denies access to this information under section 21(1) of the Act.
During the course of the appeal, the appellant raised the application of the "public interest override" under section 23 of the Act in the circumstances of this appeal. He also indicated that he intended to file a separate request under the exception to the mandatory exemption in section 21(1)(e) (research).
This office provided a Notice of Inquiry to the appellant and the Ministry. Representations were received from both parties.
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