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On July 8, 1991, the undersigned was appointed Assistant Commissioner and received a delegation of the power and duty to conduct inquiries and make Orders under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act").
BACKGROUND:
On March 23, 1989, the requester wrote to the Ministry of Health (the "institution") under the Act asking that the institution:
1. examine the records of the Ontario Ministry of Health, Kingston Psychiatric Hospital, Kingston, Ontario and advise:
a) whether or not it has ever employed or had as a member of its active staff a person known as [Dr. A] ?
b) the date this gentleman became a member of Staff (or whatever other capacity he was employed)?
c) the date this gentleman ceased to be a member of that Staff or an employee of that hospital?
d) did that gentleman hold admitting privileges while he was a member of that hospital?
e) if admitting privileges were enjoyed by this gentleman, were they subject to any limitations?
f) the classification of this gentleman's licence and the restrictions, if any, which it is subject to.
2. examine the records of the Ontario Ministry of Health, Kingston, Ontario and advise:
a) whether or not [Dr. B] has ever been a member of the Hotel Dieu Hospital (at Kingston, Ontario) medical staff with admitting privileges?
b) what were the nature of these hospital admitting privileges, i.e. were there any conditions attached?
c) when did these privileges commence and when did they cease?
The institution's Freedom of Information and Privacy Co-ordinator (the "Co-ordinator") wrote to the requester advising him that access to the records which were responsive to the request had been denied under section 21(1) of the Act. The Co-ordinator also advised him that the decision to deny access was made by the then Deputy Minister of Health.
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