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Document
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PO-1984
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File #
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PA-010104-1
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Institution/HIC
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Ministry of Natural Resources
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Summary
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The Ministry of Natural Resources (the Ministry) received a request from a member of the media under the Freedom of Information and Protection of Privacy Act (the Act ) for access to: all memos, faxes, fax cover sheets, records of meetings, minutes of meetings, handwritten notes, briefing notes, information notes, records of verbal transactions, telephone messages, e-mails and letters related to [a named] subdivision and golf course and/or media coverage concerning it, which took place between the dates of Sat. January 13, 2001 and Thursday, January 19, 2001 inclusive. The Ministry identified a total of 114 pages of responsive records, and notified certain individuals whose interests might be affected by disclosure of these records (the affected persons). Before receiving submissions from the affected persons, the Ministry granted partial access to most of the 106 pages listed on an index that was provided to the requester. The Ministry denied access to the withheld portions on the basis of section 22 (information publicly available) and section 21(1) (invasion of privacy) of the Act . The Ministry also took the position that certain pages or portions of pages were not responsive to the request, and denied access on that basis. The Ministry subsequently granted full access to the remaining 8 pages after receiving and considering submissions from the affected persons. The requester, now the appellant, appealed the decision to deny access. In his letter of appeal, the appellant also questioned whether other responsive records might exist. During mediation a number of events occurred: The Ministry accepted the Mediator's position that pages 28 and 29 were responsive to the request and disclosed these two pages to the appellant. With one exception, the appellant accepted the Mediator's position that the Ministry had properly withheld other pages or portions of pages on the basis that they were not responsive to his request. The one exception was "the page-preceding page 1", which remains at issue in this appeal. The Mediator wrote to the two individuals referred to on pages 12 and 13 to determine if they would consent to disclose any personal information about them. One individual consented to disclose his name and address, and the other individual did not respond. As a result, the Ministry disclosed the information on page 12 to the appellant. The appellant agreed not to pursue access to the withheld information on page 13, as well as the cell phone number of one individual contained on page 1. The Ministry disclosed some other portions of records, including the list of employee names appearing on page 6. At the end of the mediation stage, the only information remaining at issue was a total of 10 lines of handwritten text severed from pages 17, 24, 25 and 92 on the basis of section 21(1) of the Act . Although the Ministry undertook additional searches during the course of mediation, the appellant continued to maintain that additional responsive records should exist, and the issue of whether the Ministry had undertaken reasonable efforts to locate all responsive records remained outstanding when the appeal was transferred to the adjudication stage.
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Legislation
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FIPPA
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21(2)(a)
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21(2)(f)
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2(1)
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Dec 31, 2001
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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