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On March 7, 1989, a request was submitted to the Ministry of Culture and Communications (the "institution") under the Freedom of Information and Privacy Act, 1987, as amended, the ("Act"). The requester sought access to:
Terms of Reference and proposals submitted and list of consultants asked to bid on all contracts awarded by the Ontario Heritage Foundation from 1986 to present.
Subsequently the requester narrowed his request to include only proposals relating to archaeology programs.
Pursuant to subsection 28(1) of the Act the institution notified seven consultants whose interests might be affected by disclosure of the requested records. Two of the seven consultants wrote to the institution objecting to disclosure.
On May 16, 1989, the institution informed the requester and the seven consultants of its decision to disclose the requested records, with the exception of any personal resumes which formed part of the proposals.
On June 6, 1989, one consultant (the "appellant") appealed the decision of the institution pursuant to subsection 50(1) of the Act. This subsection gives a person who is given notice of a request under subsection 28(1) of the Act the right to appeal any decision of a head to the Commissioner. Notice of the appeal was sent to the institution and the original requester.
The records at issue in this appeal were obtained and reviewed by the Appeals Officer assigned to the case. The records consist of:
1. A ten page proposal dated May 25, 1987. Appendix contains resumes of staff to be involved in the project ("Record 1"); and,
2. a fourteen page proposal dated March 9, 1989. Appendix contains resumes of staff to be involved in the project ("Record 2").
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