P-583

The Ministry of Financial Institutions (now the Ministry of Finance) (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to a copy of all records relating to an investigation conducted by the Ontario Securities Commission (OSC) into a loan made by a company to a controlling shareholder of another company. The Ministry denied access to the responsive records pursuant to sections 14(1)(d) and 14(2)(a) of the Act. The requester appealed the Ministry's decision.

During the course of the appeal, the Ministry released portions of the records and located additional records responsive to the request. The Ministry issued two subsequent decision letters claiming the application of sections 13(1), 14(1)(g), 17(1), 19 and 21 of the Act . The appellant narrowed the scope of the appeal to exclude the names and other personal identifiers of individuals who had filed complaints regarding the loan with the Ministry. These names and identifiers are no longer at issue and will not be addressed in this order.

Notice that an inquiry was being conducted to review the decision of the Ministry was sent to the appellant, the Ministry and six persons whose interests may be affected by the disclosure of information at issue in this appeal (the affected persons). Representations were received from the appellant, the OSC, on behalf of the Ministry and one affected person.

While these representations were being considered, Commissioner Tom Wright issued Order M-170 which interpreted several statutory provisions of the Municipal Freedom of Information and Protection of Privacy Act in a way which differed from the interpretation developed in previous orders. Since a new approach to the operation of the Municipal Freedom of Information and Protection of Privacy Act was being adopted and because similar statutory provisions under the Act are at issue in the present appeal, it was determined that copies of Order M-170 should be provided to all the parties. The parties were then afforded the opportunity to state whether the contents of Order M-170 would cause them to change or supplement the representations which they had previously made. Additional representations were received from the OSC, on behalf of the Ministry.

• FIPPA
• 14(1)(d)
• 14(1)(g)
• 14(2)(a)
• 17(1)(b)
• 2(1) law enforcement
• 2(1) personal information
• 21(1)(f)
• 21(3)(f)
• Section 19
• Section 23
• 13(1)

• "supplied in confidence"
• confidential source
• investigation
• Securities Act
• similar information no longer supplied
• Solicitor Client Privilege