The Ministry of the Attorney General (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all documentation, including notes, memoranda and files, relating to the requester and the CC-3 promotion processes for 1990 and 1991. The Ministry identified a 149-page record as responsive to the request, and provided the requester with access to 131 pages in their entirety. Of the remaining 18 pages, the Ministry denied access to 13 pages in whole and 5 pages in part, claiming sections 49(a) [in the context of section 13(1)], sections 49(b) and (c), and section 21(1) of the Act as the grounds for denying access. The requester appealed the Ministry's decision.
During the course of mediation, the Ministry identified 29 additional pages which were responsive to the request, and disclosed them to the appellant in their entirety. The appellant also confirmed during mediation that he did not want access to any parts of the record that contained only the personal information of other individuals, thereby removing section 21(1) as an exemption claim.
Further mediation was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the Ministry, the appellant and four individuals whose names appear on certain pages of the record (the affected persons). Written representations were received from the Ministry, the appellant, and two of the affected persons.
After receiving the Notice of Inquiry, the Ministry disclosed 11 of the 18 remaining pages of the record in their entirety, and withdrew the section 49(c) exemption claim.