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The Ministry of Housing (the Ministry) received two requests under the Freedom of Information and Protection of Privacy Act (the Act) for access to:
(1) Copies of any documents or records in the Ministry that make any reference to the Management Review of the Rent Review Hearings Board Advice to the Minister of Housing and Secretary of Cabinet dated March 1991 or [named individual's] response to the report dated May 13, 1991.
(2) All notes contributing to the Management Review of the Rent Review Hearings Board Advice to the Minister of Housing and Secretary of Cabinet dated March 1991.
With respect to the first request, the Ministry stated that there were no responsive records. As for the second request, the Ministry did not respond within the 30 days prescribed by the Act.
The requester appealed the non-existence of records and the Ministry's deemed refusal to provide access.
During mediation, the Ministry issued a decision letter and identified approximately 900 pages of documents as constituting the records responsive to both requests. The Ministry granted full access to approximately 400 pages. The Ministry denied access to Pages 36-37, 38-39, 67-90 and 197-199 in their entirety pursuant to section 12(1)(b) of the Act and to Pages 156, 693 and 893 in full, based on section 21 of the Act. The remainder of the records (approximately 450 pages) were released to the appellant with severances made pursuant to section 21. Further mediation resulted in the appellant agreeing to withdraw his claim for access to Pages 151-155.
Notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Representations were received from both parties.
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