P-694

The Ministry of Natural Resources (the Ministry) received a request pursuant to the Freedom of Information and Protection of Privacy Act (the Act) for access to records relating to an investigation conducted under the Workplace Discrimination and Harassment Prevention Program (WDHP) with respect to a harassment complaint made against the requester.

In the course of making its decision regarding the request, the Ministry notified the person who initiated the harassment complaint (the complainant) pursuant to section 28 of the Act. The complainant informed the Ministry that she was opposed to disclosure of the requested records.

The Ministry granted partial access to some responsive records, but withheld the remaining records and parts of records pursuant to the exemptions in sections 13(1) and 21 of the Act. The requester appealed the denial of access.

During mediation the requester agreed that the only record at issue was the WDHP investigation report (the record), to which access was denied in full. Further mediation was not successful, and accordingly, notice that an inquiry was being conducted to review the decision of the Ministry was sent to the Ministry, the appellant and the complainant. Since the record appeared to contain the appellant's own personal information, the Notice of Inquiry raised the possible application of sections 49(a) and (b) of the Act. Representations were received from all three parties.

• FIPPA
• 2(1) personal information
• 21(2)(e)
• 21(2)(f)
• 21(2)(h)
• 21(2)(i)
• 21(3)(d)
• 21(3)(g)
• 49(b)
• 13(1)

• Harassment Complaint Records
• whether able to raise exemption not relied upon by institution