On May 30, 1989, the Ministry of Health (the "institution") received a request under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"). The requester sought access to:
All information contained in the file of the Associate Administrator of Oak Ridge relating to and including the investigation of a complaint by me against [a named employee], dated in 1986 or 1987.
On June 26, 1989, the institution's Freedom of Information and Privacy Co-ordinator advised the requester that pursuant to section 27 of the Act the time frame for responding to the request was extended 30 days to July 26, 1989. The reason given for the time extension was to provide sufficient time for the institution to conduct consultations before making a decision on whether or not to grant access to the requested records.
On July 17, 1989, the requester was provided with a copy of six of the requested records which were severed pursuant to subsections 21(1), (2), and (3) of the Act. The remaining three records were withheld in their entirety pursuant to subsections 14(2)(a), (c), and (d) of the Act.
On July 20, 1989, the requester appealed the head's decision to sever some of the requested records and withhold others in their entirety. He did not appeal the extension of time for responding
to his request. Subsection 50(1) of the Act gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head of an institution to the Commissioner. Notice of the appeal 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.