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Document
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P-1595
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File #
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P-9800081 and P-9800126
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Institution/HIC
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Ministry of the Environment
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Summary
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NATURE OF THE APPEALS: This order addresses the issues arising from the third party appeals of two decisions made by the Ministry of the Environment (the Ministry) to disclose information relating to the appellant. The requests which led to these appeals were filed on separate dates by the same requester. Both requests, made pursuant to the Freedom of Information and Protection of Privacy Act (the Act ), were for access to information pertaining to two different cemeteries located in Toronto. The two cemeteries are represented by the same consultant in these proceedings. The consultant filed appeals of the Ministry's decisions on behalf of the two cemeteries and I will refer to the cemeteries collectively as the appellant in this order. Two appeal numbers were assigned to the requests, however, because the parties are the same and the issues are similar, I will address both appeals in this order. I will describe the particulars of each request and decision below under the assigned appeal number. Appeal P-9800081 The first request was for access to all documentation regarding a Certificate of Approval issued April 2, 1997 for a crematorium at a named Cemetery operated by the appellant. The Ministry located records responsive to the request and determined that the interests of the named Cemetery would be affected by disclosure of the information. The Ministry notified the appellant and requested representations with respect to the release of the documentation relating to the crematorium. The appellant objected to the release of the records to the requester based on section 17 of the Act . The Ministry then issued a decision granting the requester partial access to the records and denying access to the remainder of the records based on the exemptions in sections 17(1)(a) and 17(1)(c) of the Act . The appellant appealed the decision to grant access to any records. (The requester did not appeal the Ministry's decision to deny access to the remainder of the records.) Appeal P-9800126 The second request was for access to the Certificate of Approval, any previous Certificates of Approval and any complaint records for crematoria at a number of named cemeteries including that operated by the appellant. The Ministry located records responsive to the request and again determined that the interests of the cemeteries would be affected by disclosure of the information. The Ministry notified the cemeteries, including the appellant, and requested representations with respect to the release of the documentation relating to their crematoria. (Although a number of cemeteries were included in the request, this appeal only deals with one of them). The appellant also objected to the release of the records responsive to this request to the requester based on section 17 of the Act . The Ministry then advised the requester that no records were located at the Ministry's Spills Action Centre. It also granted partial access to records held by the Ministry's Toronto District Office and to the records held by the Approvals Branch. The Ministry denied access to information on the burner unit and "supporting information" for the cremator based on section 17(1) of the Act . In addition, access to information about complaints was denied under section 21(1) of the Act . The appellant appealed the decision to grant access to any of the records located at the Approvals Branch. (The requester did not appeal the Ministry's decision to deny access to the remainder of the records, or the fact that no records existed at the Spills Action Centre.) Results of Mediation During mediation, the appellant consented to the release of Records 1, 3, 4, 5, and 10 in Appeal P-9800081 and Records 1, 7, 11, 12, and 13 in Appeal P-9800126 to the requester. The Ministry was advised of this and indicated it would be releasing these records to the requester. Accordingly, these records are no longer at issue in this appeal. However, it is not clear whether the Ministry has yet disclosed these records to the requester. Therefore, I will include an order provision requiring the Ministry to do so. This office provided Notices of Inquiry for each appeal to the Ministry, the appellant and the requester. Representations were received from the appellant and the Ministry. RECORDS: The records at issue in Appeal P-9800081 consist of an application for approval (air), mass balance, heat balance and retention time calculations, a letter from an environmental consultant to the Ministry, typed and handwritten calculations and drawings of the consultant, a land survey and an engineering assessment. The records at issue in Appeal P-9800126 consist of applications for approval (air), certificates of approval, a one-page document titled "Burners and Combustion Air", handwritten calculations of the consultant, a one-page document titled "Approvals Record for Emission Inventory Update" and an engineering assessment. PRELIMINARY MATTER: In its representations, the Ministry indicates that information in a portion of the record which had been withheld in Appeal P-9800126 was included in a record which is to be made available to the public. Accordingly, the Ministry advises that it has changed its decision with respect to this request and is prepared to provide the requester with full access to the records. The appellant has indicated that it objects to the disclosure of any information pertaining to the two cemeteries. Therefore, the additional information which the Ministry is prepared to disclose is also at issue in this appeal. DISCUSSION: THIRD PARTY INFORMATION As I indicated above, the Ministry has decided to release records pertaining to the appellant and the appellant objects. In third party appeals, section 53 of the Act has been interpreted by this office as placing the onus of proof of the elements of the section on the party resisting disclosure. Therefore, for a record to qualify for exemption under section 17(1)(a), (b) or (c), the a
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Legislation
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FIPPA
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17(1)(a), (b) & (c)
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Jul 14, 1998
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Type
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Order
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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