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The Ministry of Consumer and Commercial Relations (the institution) received a request from an individual for access to all documents which mentioned his name in connection with the Toronto branch of the Star Trek Fan Club ("Star Trek Toronto").
The following records were identified as being responsive to this request:
1. Letter dated February 28, 1991 from a named individual to Blair K. Ryza, an employee of the institution (the transmittal letter).
2. Six sets of Corporations Information Act Form 1 documents, filled out by the named individual and enclosed with the letter (the Form 1 records).
The institution determined that release of these records might affect the interest of the named individual (the affected person) under section 17 of the Freedom of Information and Protection of Privacy Act (the Act). Consequently, notice was sent to this affected person, pursuant to section 28 of the Act. After receiving representations from the affected person, the institution decided to release the records to the requester, and notified the affected person accordingly. The affected person (the appellant) appealed the institution's decision to this office.
Attempts to mediate the appeal were not successful. Accordingly, notice that an inquiry was being conducted to review the decision of the head was sent to the appellant, the institution and the original requester. Enclosed with the Notice of Inquiry was a report prepared by the Appeals Officer, intended to assist the parties in making representations concerning the subject matter of the appeal. In addition to the section 17 exemption, the parties were also asked to consider the possible application of section 21 of the Act. Representations were received from the appellant and the institution, but not from the original requester.
During the course of the inquiry the original requester clarified the scope of his request. He advised the Appeals Officer that he was interested in determining the name of the person who had mentioned his name in connection with Star Trek Toronto, as well as the substance of any remarks made by that person about him. The original requester was not interested in receiving access to the names of other individuals referred to in the records. Only two of the Form 1 records refer to the appellant, and they also contain the names and addresses of several other individuals. In light of the requester's comments regarding the scope of the request, I find that the names and addresses of other individuals which appear on the Form 1 records fall outside the scope of this appeal, and are not covered by this order. I will attach a copy of the Form 1 records with the copy of this order provided to the institution, which will indicate the portions of these records which fall outside the scope of this order.
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