PO-1699

The appellant made a request to the Ministry of Natural Resources (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act) for access to:

. . . the Land Use Permit extended to the [named property owners], authorizing [them] to maintain [their] cottage on the Road Allowance between [two property descriptions] . . . I would also like whatever other documents the [Ministry] possesses that authorizes the [named property owners'] cottage to remain on the above road allowance . . .

The Ministry responded to the request by advising the appellant that the request could affect the interests of affected persons, and that, pursuant to section 28 of the Act, the affected persons were being given an opportunity to make representations concerning disclosure of the records. The Ministry then notified these seven individuals of the request. Two of the affected persons responded to the Ministry's notice; one consented to disclosure of his/her information, while the other objected to such disclosure. The Ministry then wrote to the two affected persons who responded to the Ministry's notice, and four of the other affected persons, and advised that, in fact, the records relating to those individuals were not responsive to the request.

The Ministry then decided to grant partial access to the following records:

1. Land Use Permits for the said cottage for the years 1989 to 1998;
2. Letters from the Ministry regarding the renewal application for Land Use Permits for the same cottage for the years 1987, 1990 and 1993 through 1996;
3. Letter from the Ministry confirming that the Ministry is prepared to issue a Land Use Permit to a purchaser of the cottage structure and the adjoining private parcel;
4. Ministry memorandum dated April 21, 1987 regarding possible lease option; and
5. Ministry memorandum dated April 1, 1987 regarding Crown lease option.

The Ministry explained that severances were made under section 21 of the Act (personal privacy) because portions of the records contain personal information which relates to individuals other than the appellant.

Upon payment of the requested fee, the Ministry disclosed copies of the records to which it had decided to grant access.

The appellant appealed the Ministry's decision to this office.

...

• FIPPA
• 2(1) personal information
• 21(1)(f)
• 21(2)(a)
• 21(2)(b)
• 21(2)(c)
• 21(2)(d)
• 21(2)(f)
• Section 23

• goods and services