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Document
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P-424
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File #
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P-9200697
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Institution/HIC
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Ministry of Health
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Summary
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ORDER BACKGROUND: The Ministry of Health (the Ministry) received the following access request made under the Freedom of Information and Protection of Privacy Act (the Act ): All records pertaining to the attached Ministry fact sheet, "Residency Requirements for Regular and Extended Absences", including, but not limited to, Ministry policy/position papers, cabinet submissions, all memoranda from and to the Minister's office pertaining to the residency requirements, all memoranda from and to the office of the Executive Director of the Health Insurance Division pertaining to the residency requirements, all legal opinions and advice pertaining to the residency requirements, and all memoranda from and to the Office for Seniors Issues, Ministry of Citizenship, pertaining to the residency requirements. The Ministry identified eleven responsive records and released all but two of them to the requester. The requester appealed the Ministry's decision. Attempts to mediate the appeal were not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Only the Ministry made representations. The two records at issue are: Record 1: 44 page draft report entitled "Health Care Benefits: Residents, Travellers and Temporary Residents", dated July 17, 1989. Record 2: 5 page memorandum concerning whether the Ministry will pay the "out of country" expenses of a specific individual, dated April 2, 1992. The Ministry claims that section 12(1)(b) of the Act applies to Record 1 and sections 19 and 21 of the Act apply to Record 2. ISSUES: The issues arising in this appeal are: A. Whether section 12 of the Act applies to Record 1. B. Whether section 19 of the Act applies to Record 2. C. Whether the information contained in Record 2 qualifies as "personal information" as defined in section 2(1) of the Act . D. If the answer to Issue C is yes, whether section 21 of the Act applies. SUBMISSIONS\CONCLUSIONS: ISSUE A: Whether section 12 of the Act applies to Record 1. Section 12(1) states, in part: A head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of the Executive Council or its committees, including, (b) a record containing policy options or recommendations submitted, or prepared for submission, to the Executive Council or its committees; In Order 22, dated October 21, 1988, former Commissioner Sidney B. Linden discussed the interpretation of section 12(1). At page 6 of that Order, he stated: ... the use of the word `including' in subsection 12(1) of the Act should be interpreted as providing an expanded definition of the types of records which are deemed to qualify as subject to the Cabinet records exemption, regardless of whether they meet the definition found in the introductory text of subsection 12(1). At the same time, the types of documents listed in subparagraphs (a) through (f) are not the only ones eligible for exemption; any record where disclosure would reveal the substance of deliberations of an Executive Council or its committees qualifies for exemption under subsection 12(1). The Ministry submits that the Record qualifies for exemption under section 12(1)(b) or, alternatively, under the introductory text of section 12(1). I will consider each claim in turn. Section 12(1)(b) In Order 73, former Commissioner Linden stated that in order to qualify for exemption under this section: 1. the record must contain policy options or recommendations; and 2. the record must have been submitted or prepared for submission to the Executive Council or its committees. Having reviewed Record 1, I am satisfied that it meets the first criterion as it contains policy options and recommendations. However, the Ministry states that Record 1 "did not go before Cabinet in its current format nor is it intended to go before Cabinet at a future date". Therefore, the second criterion has not been met as Record 1 was not "submitted or prepared for submission" to Cabinet. Accordingly, I find that Record 1 does not qualify for exemption under section 12(1)(b) of the Act . Introductory text of section 12(1) In its representations, the Ministry distinguishes between two distinct parts of Record 1: Parts I and II, which concern eligibility and residency policy, and Part III, which concerns out of country payment policy. I will first consider Part III. Part III The Ministry states: ... Part III of record 1 became the basis for a Cabinet submission. The submission, which incorporated and expanded upon the information contained in Part III, was brought before Cabinet and approved in April, 1991. The Ministry attached a copy of the April, 1991, Cabinet submission to its representations. I have compared the contents of Part III of Record I with the contents of the Cabinet submission and, based on this review, I am satisfied that disclosure of Part III of Record 1 would "reveal the substance of deliberations" of Cabinet. Accordingly, I find that Part III of Record 1 qualifies for exemption under section 12(1) of the Act. Parts I and II The Ministry states that Parts I and II: ... were incorporated into a voluminous discussion paper on eligibility. The information contained in this paper is currently being reworked into a policy options paper within the Health Insurance Division. ... It is submitted that the revised paper is tentatively scheduled for Deputy Minister's Committee, a Committee responsible for steering all policy directions for the Ministry, in late February. Pending the decisions taken at this Committee, the paper is expected to be taken before Cabinet. The Ministry attached a copy of the "voluminous discussion paper" to its representations. It has been previously stated that a record need not actually be placed before Cabinet or one of its Committees in order to qualify for exemption under section 12; however, in such cases the record
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Legislation
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FIPPA
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12(1)(b)
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Section 19
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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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Feb 26, 1993
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Type
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Order
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