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This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act). The appellant has requested copies of records from the Ministry of Consumer and Commercial Relations (the Ministry) related to the issuance, by the Ministry, of a proposal to refuse the appellant's application for registration as a broker under the Real Estate and Business Brokers Act (the REBBA). These records may be generally described as correspondence, memoranda and notes concerning the circumstances leading up to the Ministry's proposal to refuse the appellant's registration as a broker. They also consist of the documentation prepared by Ministry staff related to the drafting of the proposal.
The records remaining at issue in this appeal are described in Appendix A to this order. My decision will also apply to the duplicates indicated in the Appendix.
In reviewing the records, I have determined that a portion of Records 31(4) and 33(4) refers to individuals other than the appellant who have no connection with the subject matter of the request. These non-responsive portions have been highlighted on the copy of the records which I have provided to the Ministry's Freedom of Information and Protection of Privacy Co-ordinator (the Co-ordinator) with a copy of this order. The responsive portion of Record 33(4) should be disclosed to the appellant as the only exemption claimed, section 21(1) of the Act, does not apply to this part of the record.
Although it was not claimed by the Ministry, I have considered the application of the mandatory exemption provided by section 21(1) of the Act to the following records: Records 11, 14 and 17. I have noted this in Appendix A.
As noted in Appendix A, the Ministry has submitted no representations on the application of some of the discretionary exemptions claimed to deny access to certain records. I will not consider these in this order. In addition, in certain cases, the Ministry has submitted no representations at all to explain the basis on which it has denied access to certain records. No mandatory exemptions apply to these records. In these circumstances the following records should be disclosed to the appellant: Records 13, 16, 21(44), 21(55), 21(56), 22, 26, 30 and 35(7).
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