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The requester co-owns three restaurants in Ottawa, Ontario. He is a licensee pursuant to the Ontario Liquor Licence Act (the LLA) which entitles him to sell liquor at each of his restaurants.
In January 1991, the requester and his partner were approached by investigators from the Liquor Licence Board of Ontario. It was alleged that the requester and his partner had contravened certain provisions of the LLA.
In February 1991, the requester submitted a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of Consumer and Commercial Relations (the institution) for access to:
... the name of the person or persons who provided information to the Liquor Licence Board of Ontario which led to the investigation ... and ... copies of all written reports or briefs submitted to the LLBO on the subject.
The institution refused to confirm or deny the existence of any records, pursuant to section 14(3) of the Act. The institution advised the requester that if any responsive records existed, access to them would be denied pursuant to sections 14(1)(a), (b), (c), (d), (g), and 14(2)(c) of the Act. The requester appealed the institution's decision.
Mediation was unsuccessful and the matter proceeded to an inquiry. Notice that an inquiry was being conducted to review the decision of the head was sent to the appellant and the institution. Enclosed with the notice was a report prepared by the Appeals Officer, intended to assist the parties in making representations to this office concerning the subject matter of the appeal. Both parties provided written representations, which I have reviewed.
In its representations, the institution abandoned reliance upon sections 14(1)(g) and 14(2)(c) of the Act. Accordingly, the exemptions to disclosure at issue in this appeal are contained in sections 14(1)(a), (b), (c), (d) and 14(3) of the Act.
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