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P-26

Document		P-26


File #		880036


Institution/HIC		Ministry of Labour


Summary		nature of the records at issue and the procedures employed by my office when an institution relies on a "confidentiality provision" to deny access to requested information. A sampling of the requested records was also reviewed by the Appeals Officer. As a settlement could not be effected, notices of inquiry were issued to the appellant, the institution and the administrators of the trust funds as "affected persons". A copy of the Appeals Officer's Report was provided to all parties. Because the institution had raised the application of section 86 of the Labour Relations Act as a bar to the application of the Freedom of Information and Protection of Privacy Act, 1987 , the parties and affected persons were invited to submit representations on the following preliminary issues: (A) Whether section 86 of the Labour Relations Act , R.S.O. 1980 Chapter 228, as amended, is a "confidentiality provision" for the purposes of section 67 of the Freedom of Information and Protection of Privacy Act, 1987 . (B) If section 86 is a "confidentiality provision" whether it operates to bar the application of the Freedom of Information and Protection of Privacy Act, 1987 . Representations were received from the appellant, the institution and many of the affected third parties (the trust funds). Before considering the specific issues raised in this appeal, I think it is important for me to make some general comments regarding the question of "confidentiality provisions". As Information and Privacy Commissioner, I am responsible for ensuring that the rights and obligations of the people of Ontario and government officials are respected and complied with, as they relate to this Act . In order to fulfill this obligation it is sometimes necessary for me to balance the two interests of access to information and protection of personal privacy which, by their very nature, are sometimes in conflict. However, where, as in this case, an institution relies upon a "confidentiality provision" that is contained in another act to remove itself from the ambit of the Freedom of Information and Protection of Privacy Act, 1987 , I do not engage in such a balancing act. My responsibility in these cases is to ascertain whether a "confidentiality provision" exists, whether it applies to the records at issue in the appeal, and the impact of the provision in the circumstances of the appeal. I should also note that I do not accept the representations received from the appellant to the effect that "...even if section 86 is a 'confidentiality provision', the Commissioner has the power to order release of the records". In my opinion, I do not have the authority under the Act to order the release of records where it is found that a "confidentiality provision" exists which bars the application of the Act . ISSUE A: Whether section 86 of the Labour Relations Act , R.S.O. 1980, Chapter 228, as amended, is a "confidentiality provision" for the purposes of section 67 of the Freedom of Information and Protection of Privacy Act, 1987 ? The term "confidentiality provision" is not defined in the Freedom of Information and Protection of Privacy Act, 1987 . Accordingly, I am given the opportunity to formulate a definition which will promote the policies promulgated in the Act . The enactment of the Freedom of Information and Protection of Privacy Act, 1987 , has established a new regime whereby information is to be made available to the public subject to certain limited and specific exemptions. It would be contrary to the general intent of the legislation to narrow unnecessarily the circumstances in which the Act applies. Nor would such an approach be appropriate, due to the fact that the Act contains provisions which balance the right to access with certain statutory safeguards, including but not limited to the protection of personal privacy. This approach to the interpretation of statutes is supported by section 10 of the Interpretation Act R.S.O. 1980 c.219 which reads as follows: Every Act shall be deemed to be remedial , whether its immediate purport is to direct the doing of any thing that the Legislature deems to be for the public good or to prevent or punish the doing of any thing that it deems to be contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit. (Emphasis added.) For the reasons noted above, in my view the definition of "confidentiality provision" should be more restrictive than that urged by both the institution and certain of the third parties in this appeal. A "confidentiality provision", as those words are used in section 67 of th


Legislation		FIPPA 67(2) and (3)


Subject Index		Confidentiality Provision in another Act Continuing Access Labour Relations Act Purposes of the Act


Signed by		Sidney Linden


Published		Nov 02, 1988


Type		Order


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