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Document
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P-508
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File #
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P-9200654
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Institution/HIC
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Ministry of Economic Development and Trade
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Summary
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ORDER BACKGROUND: The Ministry of Industry, Trade and Technology (now the Ministry of Economic Development and Trade) (the Ministry) received a request for access under the Freedom of Information and Protection of Privacy Act (the Act ) for: All Government documents and discussion papers on [the] proposal to use Pension Funds to invest in businesses that the Government deems worthy. The request, which was initially sent to the Premier's Office and to the Ministry of Treasury and Economics, was subsequently transferred to the Ministry, which has responsibility for the Ontario Investment Fund initiative. The Ministry located a large number of records which were responsive to the request and agreed to disclose the majority of these documents subject to withholding the personal information of certain individuals pursuant to section 21(1) of the Act . The requester did not appeal the Ministry's decision concerning these records. The Ministry determined, however, that it would deny access to the remaining records in their entirety on the basis of the exemptions contained in sections 12(1), 13(1) and 18(1)(d) and (e) of the Act . The requester appealed the denial of access. During the course of mediation, the Ministry informed the appellant that it had located an additional record which had not been identified in the original search. The Ministry subsequently denied access to this document pursuant to sections 13(1) and 18(1)(d) and (e) of the Act . Further mediation was not successful and notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry and to the appellant. Representations were received from both parties. The records that remain at issue in this appeal are: Record 1 A two page memorandum dated January 7, 1992 which outlines the views of Cabinet about establishing an investment fund. Record 2 A 12 page briefing document dated December 2, 1991 entitled "Creating An Investment Fund - Policy and Priorities Board Briefing". Record 3 A two page memorandum dated February 12, 1992 which summarizes a subsequent Cabinet decision respecting the investment fund. Record 4 A two page document entitled "Ontario Investment Fund - Treasurer's Notes for Cabinet Discussion, December 18, 1991". Record 5 An undated contentious issue sheet entitled "Ontario Investment Fund". Record 6 An eight page document stamped "Cabinet Submission", dated October 25, 1991 which relates to the Ontario Investment Fund (OIF). Record 7 A five page memorandum dated February 27, 1992 written by an employee of the Ministry of Treasury and Economics which provides advice on certain issues relating to the OIF. ISSUES: The issues arising in this appeal are: A. Whether the mandatory exemption provided by section 12(1) of the Act applies to Records 1 through 6. B. Whether the discretionary exemption provided by section 13(1) of the Act applies to Records 5 and 7. C. Whether the discretionary exemptions provided by sections 18(1)(d) and (e) of the Act apply to Record 7. SUBMISSIONS/CONCLUSIONS: ISSUE A: Whether the mandatory exemption provided by section 12(1) of the Act applies to Records 1 through 6. In its representations, the Ministry has claimed that either the exemption contained in the preamble (introductory wording) to section 12(1) of the Act and/or sections 12(1)(a), (b), (c), (d) or (e) apply to the records at issue. Section 12(1) of the Act reads, in part, as follows: A head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of an Executive Council or its committees, including, (a) an agenda, minute or other record of the deliberations or decisions of the Executive Council or its committees, (b) a record containing policy options or recommendations submitted, or prepared for submission, to the Executive Council or its committees; (c) a record that does not contain policy options or recommendations referred to in clause (b) and that does contain background explanations or analyses of problems submitted, or prepared for submission, to the Executive Council or its committees for their consideration in making decisions, before those decisions are made and implemented; (d) a record used for or reflecting consultation among ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) a record prepared to brief a minister of the Crown in relation to matters that are before or are proposed to be brought before the Executive Council or its committees, or are the subject of consultations among ministers relating to government decisions or the formulation of government policy; ... I will address the application of this exemption to each record individually. Records 1 and 3 Records 1 and 3 are separate two page memoranda dated January 7, and February 12, 1992, respectively, authored by an employee of the Ministry of Treasury and Economics. Each document describes specific decisions taken and directions set by Cabinet with respect to the establishment of an investment fund for the province. In its representations, the Ministry submits that Records 1 and 3 are records whose release would reveal the substance of deliberations of the Executive Council and, as such, are exempt from disclosure under section 12(1)(a) of the Act . It should be pointed out that Records 1 and 3 were never submitted to the Executive Council nor to one of its committees. On this basis, in order to qualify for exemption under section 12(1), these records must "reveal the substance of deliberations of an Executive Council or its committees" or permit the drawing of accurate inferences with respect to the actual deliberations (Orders P-226, P-293, P-331, P-361 and P-376). I have reviewed the two memoranda and I am satisfied that these records fall within the exemption described in the preamble to section 12(1) of the Act as their disclosure would reveal the substance of deliberations of the Executive Council or its committees. Record 2 Record 2 is a copy of a briefing document su
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Legislation
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FIPPA
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12(1)
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12(1)(a)
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12(1)(b)
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12(1)(c)
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12(1)(d)
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12(1)(e)
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13(2)(a)
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13(2)(g)
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13(1)
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Subject Index
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Signed by
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Irwin Glasberg
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Published
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Jul 30, 1993
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Type
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Order
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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