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This is an appeal from a decision made by the Ministry of the Environment (the "institution"). The decision was in response to a request made by the appellant pursuant to the Freedom of Information and Protection of Privacy Act, (the "Act").
The appellant's request was for access to "occurrence reports, photos, video tape related to the alleged connection of 3 settling pits to the municipal sewer system at Varnicolour, Elmira on February 9, 1990 and statements by [named individual] (witness); reports were filed by [5 named individuals]." The appellant requested viewing access to the original photos and videotape.
The "occurrence" referred to in the request was an alleged discharge of a contaminant into the natural environment contrary to the Environmental Protection Act ("EPA") and the Ontario Water Resources Act ("OWRA"), said to have occurred on February 9, 1990 at the property of Varnicolor Chemical Ltd. in Elmira, Ontario.
The institution granted viewing access to the original photos and advised the appellant that no videotape existed. The appellant was content with that decision.
The institution also granted access to an Occurrence Report and Supplementary Occurrence Report regarding an occurrence at Varnicolor Chemical Limited on January 25, 1990, with personal identifiers severed from the records. The appellant was also content with that decision and the severances made by the institution.
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