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Document
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P-217
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File #
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Appeals 890371, 890372, 890373, 890374, 890375, 890376, 890377,
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Institution/HIC
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Ministry of Government Services
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Summary
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O R D E R INTRODUCTION: On October 20, 1989, the Ministry of Government Services (the "institution") received 19 requests under the Freedom of Information and Protection of Privacy Act, 1987 , as amended (the " Act "). A further 7 requests were received by the institution on February 15, 1990. The requester sought access to drawings and specifications for: 1. The office of the Supervisor, Central Drawing Files, Ministry of Government Services, 3B-1, Macdonald Block [890371] 2. The office of the Executive Director, Design and Construction Division, Ministry of Government Services [890372] 3. The office of the Deputy Minister of Government Services [890373] 4. The office of the Director, Mental Health Facilities Branch, Ministry of Health [890374] 5. The office of the Minister of Labour [890375] 6. The office of the Minister of Community and Social Services [890376] 7. The office of the Freedom of Information and Privacy Co-ordinator, Ministry of Government Services [890377] 8. The office of the Minister of Health [890378] 9. The office of the Custodian of Drawings and Specifications, Ministry of Government Services [890380] 10. The office of the Minister of Government Services [890386] 11. The office of the Executive Director of Finance and Administrative Services Division, Ministry of Government Services [890387] 12. The office of the Program Officer, Freedom of Information and Privacy, Ministry of Government Services [890388] 13. The office of the Manager, of Public Tenders Office, Ministry of Government Services [890389] 14. The office of the Assistant Deputy Minister, Supply and Services Division, Ministry of Government Services [890390] 15. The office of the Director, Purchasing Services Branch, Ministry of Government Services [890391] 16. The office of the Manager, Supplier Information Service, Ministry of Government Services [890392] 17. The office of the Coordinator, Client Services Branch, Ministry of Government Services [890393] 18. The office of the Manager, Collective Purchasing, Ministry of Government Services [890394] 19. The office of the Manager, Division Office, Supply and Services Division, Ministry of Government Services [890395] 20. The office of the Commissioner, Information and Privacy Commission/Ontario [900141] 21. Room MI-73, Macdonald Block [900142] 22. Room MI-51, Macdonald Block [900143] 23. Room MI-52, Macdonald Block [900144] 24. Room 2B-18, Macdonald Block [900145] 25. Room 3B-9, Macdonald Block [900146] 26. Room MI-43A, Macdonald Block [900147] The numbers which appear at the end of the description of each record requested are the corresponding appeal file numbers. For ease of reference, I have categorized the 1989 appeals as "Group 1", and the 1990 appeals as "Group 2". On November 27, 1989 (Group 1) and March 12, 1990 (Group 2) the institution's Freedom of Information and Privacy Co-ordinator advised the requester that access was being denied to all records in their entirety pursuant to subsection 14(1)(i) of the Act . On December 5, 1989 (Group 1), and March 23, 1990 (Group 2), the requester appealed the head's decision to withhold the records in their entirety. Subsection 50(1) of the Act gives a person who has made a request for access to a record under subsection 24(1) a right to appeal any decision of a head of an institution to the Commissioner. Notice of these appeals was given to the appellant and the institution. On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act . During the course of mediation, it became apparent that the institution's decisions had not been based on a review of the records in issue. In fact, the institution made its decisions without ascertaining whether the requested records existed. Ultimately, the institution searched for and retrieved the records responsive to the requests with the exception of drawings for five appeals (890377; 890388; 890390; 890395; 900141) and specifications for one appeal (900141) which the institution claims do not exist. The institution states it also ascertained the existence of a record(s) which responds to appeal 890374 but that the record(s) is in the custody or control of the Ministry of Health and hence states that the request should be transferred to that ministry. The Appeals Officer obtained and reviewed all identified records in the custody of the institution. At this time, the institution amended its position and indicated it was also relying on subsections 14(1)(e) and 14(1)(l) to exempt the records at issue in these appeals. Despite claiming the section 14 exemptions, the institution also stated that all records were "too broad to respond to the requests". The appellant raised the application of subsection 63(2) of the Act to the requested records. He stated that the requested records were customarily available to the public until recently. As settlement of these appeals was not possible the appeals proceeded to inquiry. On September 20, 1990, notice was sent to the appellant and the institution that an inquiry was being conducted to review the decisions of the head. (Groups 1 and 2). Enclosed with the notice was a report prepared by the Appeals Officer. This report was prepared in order to assist the parties in making their representations concerning the subject matter of the appeals. The Appeals Officer's Report outlines the facts of the appeals and sets out questions which paraphrase those sections of the Act which appear to the Appeals Officer, or any of the parties, to be relevant to the appeal. The Appeals Officer's Report indicates that the parties, in making their representations, need not limit themselves to the questions set out in the report. Representations were received from the institution and the appellant. In its representations, the institution indicated that it was als
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Legislation
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FIPPA
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Section 53
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10(1) custody or control
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10(2)
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14(1)(i)
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14(1)(l)
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25(2)
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63(2)
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Subject Index
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Signed by
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Tom Wright
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Published
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Jan 28, 1991
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Type
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Order
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