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On September 20, 1993, the undersigned was appointed Inquiry Officer and received a delegation of the power and duty to conduct inquiries and make orders under the provincial Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act.
BACKGROUND:
The Ministry of the Solicitor General (now the Ministry of the Solicitor General and Correctional Services) (the Ministry) received a request from a local organization for access to all reports arising from an audit of that organization and to copies of any complaints against the organization received since January 1, 1992. The Ministry provided partial access to the records. Access was, however, denied in full to three records pursuant to sections 13(1), 14(1)(a) and (b), and 21 of the Freedom of Information and Protection of Privacy Act (the Act). The requester, represented by counsel, appealed the Ministry's decision to deny access.
Mediation was not successful and notice that an inquiry was being conducted to review the Ministry's decision was sent to the Ministry and the appellant. Written representations were received from both parties.
The records remaining at issue in this appeal are: a draft "Status Report" (Record 1); an internal memorandum dated May 14, 1992 to the then Deputy Solicitor General from the Director, Internal Audit Branch (Record 2); and a letter addressed to the then Solicitor General of Ontario from named individuals (Record 3).
The Notice of Inquiry stated in its background section that the Ministry had denied access to four records. In the records section of the Notice only three records were identified. In fact, the Ministry denied access to only three records, as described above.
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