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Document
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PO-1918
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File #
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PA-010130-2
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Institution/HIC
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Ministry of Northern Development and Mines
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Summary
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NATURE OF THE APPEAL: NATURE OF THE APPEAL: On February 9, 2001, the Ministry of Northern Development and Mines (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to records relating to the creation and funding of the Canadian Ecology Centre (the CEC). In particular, the requester, a member of the media, was seeking access to records dealing with the creation of the CEC and the funding it has received since its inception from the Northern Ontario Heritage Fund, as well as information pertaining to any evaluations of the performance of the CEC. On March 9, 2001, the Ministry responded to the request by providing the requester with an interim fee estimate of $6,295 and requesting that he pay a deposit of $3,147.50, or 50% of the estimated fee pursuant to section 7 of Regulation 460. The Ministry further advised the requester that until such time as the payment of the deposit was made the processing of the appeal would not continue further. Finally, the Ministry indicated that notification of third parties will be required and that the third party and personal privacy exemptions in sections 17(1) and 21(1) may apply to the records which are ultimately identified as responsive to the request. By issuing an interim fee estimate, the Ministry was able to stop the running of the 30-day time period under section 26 just short of its expiration, to begin running again at such time as the 50% deposit was paid. On March 30, 2001, following discussions between the requester and the Ministry, a second more detailed fee estimate was provided in the amount of $4,415 and the requester was advised that the mandatory exemptions in sections 17(1)(a) and (c) and 21(1) may apply to some of the responsive records. On April 5, 2001, the requester, now the appellant, appealed the Ministry's decision regarding the amount of the fee estimate to the Commissioner's office and the lack of a decision letter regarding the Ministry's position on access to the requested records under section 26. As a result of the mediation efforts of the staff of this office, on May 4, 2001 the Ministry further revised the amount of the fee estimate to $2,600. On June 1, 2001, the appellant paid 50% of the estimated fee ($1,300) in accordance with the requirements of the Act and section 7 of Regulation 460. By doing so, the thirty-day time period for the issuance of a decision letter by the Ministry began to run again. The appellant indicated on June 15, 2001 that he intended to pursue his appeal with respect to the Ministry's alleged contravention of its obligations under sections 26 and 28 of the Act and on June 18, 2001 withdrew his appeal of the Ministry's fee estimate. The sole remaining issue to be addressed in this appeal is whether the Ministry complied with its obligations under sections 26 and 28 of the Act in responding to the appellant's request. I provided the Ministry and the appellant with a Notice of Inquiry, seeking their submissions on the application of sections 26 and 28 to the circumstances of this appeal. Both the Ministry and the appellant provided me with submissions. Because the timing of the outcome of this appeal required a prompt decision and because of the nature of the issue under consideration, I did not exchange the representations of the parties, as is normally the case. DISCUSSION: HAS THE MINISTRY COMPLIED WITH ITS OBLIGATIONS UNDER SECTION 28 OF THE ACT ? Section 28 of the Act imposes certain requirements on an institution in situations where it has reason to believe that the disclosure of information contained in a requested record may affect the interest of a third party. The section states: (1) Before a head grants a request for access to a record, (a) that the head has reason to believe might contain information referred to in subsection 17(1) that affects the interest of a person other than the person requesting information; or (b) that is personal information that the head has reason to believe might constitute an unjustified invasion of personal privacy for the purposes of clause 21(1)(f), the head shall give written notice in accordance with subsection (2) to the person to whom the information relates. (2) The notice shall contain, (a) a statement that the head intends to release a record or part thereof that may affect the interests of the person; (b) a description of the contents of the record or part thereof that relate to the person; and (c) a statement that the person may, within twenty days after the notice is given, make representations to the head as to why the record or part thereof should not be disclosed. (2.1) If the request covers more than one record, the description mentioned in clause (2)(b) may consist of a summary of the categories of the records requested if it provides sufficient detail to identify them. (3) The notice referred to in subsection (1) shall be given within thirty days after the request for access is received or, where there has been an extension of a time limit under subsection 27(1), within that extended time limit. (4) Where a head gives notice to a person under subsection (1), the head shall also give the person who made the request written notice of delay, setting out, (a) that the record or part thereof may affect the interests of another party; (b) that the other party is being given an opportunity to make representations concerning disclosure; and (c) that the head will within thirty days decide whether or not to disclose the record. (5) Where a notice is given under subsection (1), the person to whom the information relates may, within twenty days after the notice is given, make representations to the head as to why the record or the part thereof should not be disclosed. (6) Representations under subsection (5) shall be made in writing unless the head permits them to be made orally. (7) The head shall, within thirty days after the notice under s
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Legislation
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Subject Index
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Signed by
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Donald Hale
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Published
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Jun 29, 2001
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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