|
The Ministry of Northern Development and Mines (the Ministry) received the following request under the Freedom of Information and Protection of Privacy Act (the Act):
Please accept this as our formal request under the [Act] to provide us with the following information on all leases for mining and/or surface rights in Ontario which are presently in existence or which were in existence immediately prior to the introduction of the New Mining Act:
- Lease Number
- Claim number for which the lease applies
- Number of hectares/acres covered by the lease
- Location of Lease ie: Township and Mining Division
- Date of creation of lease
- Duration of lease
- Name of Lease Holder
- Address of Lease Holder
- Telephone number of Lease Holder
- Fax number of Lease Holder
...
The Ministry responded by advising the requester that it "is not prepared to search for and compile [the requested] information since it is currently a matter of public record in the Land Registry Office, and to some extent through the Tax Rolls and the Ontario Gazette". The Ministry went on to indicate that under section 22(a) of the Act, the Ministry may refuse to provide records and information that are currently available to the public.
The Ministry also advised the requester that some of the requested information, specifically the telephone and fax numbers, cannot be obtained from any source.
Finally the Ministry advised the requester that "if the Ministry were to take on the task of searching for and compiling the information ... the approximate cost would be $18,500". The Ministry also indicated that some personal information could not be disclosed. The Ministry went on to indicate however that "the information you are seeking is a matter of public record, and the Ministry is not prepared to undertake this task".
The requester, now the appellant, appealed the Ministry's decision.
|