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Document
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PO-2059-I
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File #
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PA-010289-1
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Institution/HIC
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Ministry of Finance
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Summary
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The appellant submitted a request to the Ministry of Finance (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act ) for access to all documents pertaining to his provincial tax file. The Ministry issued a decision dated July 9, 2001, granting partial access to some of the records requested. Access to the remaining records was denied pursuant to sections 17(1) (third party information), 17(2) (tax information) and 21(1) (invasion of privacy) of the Act . The appellant appealed the Ministry's decision to deny access and also raised the issue of the existence of additional records. During mediation, the appellant advised the mediator that he believes additional records should exist; in particular, he maintained that there should be at least 65 additional bills of sale and/or ownerships included in his tax audit file. The appellant then sent a clarification letter to the Ministry outlining the specific documents that he was looking for. The Freedom of Information and Privacy Co-ordinator (the Co-ordinator) subsequently advised the appellant that additional records do not exist, and that all responsive records had been previously identified. He also advised the appellant that the Retail Sales Tax Branch had conducted a thorough search of not only audit files, but all branch records, and that nothing additional was located. The appellant maintains that additional records should exist, and therefore, the reasonableness of the Ministry's search remains at issue in this appeal.
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Legislation
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FIPPA
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17(2)
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21(2)(f)
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21(2)(h)
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21(3)(f)
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2(1)
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Oct 30, 2002
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Type
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Order – Interim
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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