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Document
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PO-1916
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File #
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PA-010159-2
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Institution/HIC
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Ministry of Tourism, Culture and Recreation
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Summary
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NATURE OF THE APPEAL: The Ministry of Citizenship, Culture and Recreation (the Ministry) received a request dated October 10, 2000 for access to information under the Freedom of Information and Protection of Privacy Act (the Act ). The requester sought records relating to "the practice of 'underwater logging' for the period 1995 to present." The Ministry identified records responsive to the request and, by letter dated December 27, 2000, advised the requester that, because the records may affect the interests of affected persons under sections 17(1) (third party commercial information) and 21 (personal privacy) of the Act , the Ministry would be notifying those persons to seek their views on disclosure before making a final decision. By letter dated January 4, 2001, the Ministry notified a third party (the affected person) of the request, advising that the records may affect his or his organization's interests under sections 17(1) and/or 21 of the Act . The Ministry also invited the affected person to provide submissions on whether or not these records should be disclosed to the requester. By letter dated January 26, 2001, the affected person provided his submissions to the Ministry, in which he objected to disclosure of portions of a requested record, identified as Record 49 (the record). By letters dated April 4, 2001, sent by regular mail, the Ministry advised the affected person and the requester that the Ministry had decided to disclose portions of the record, including certain portions the affected person had asked the Ministry to withhold. The Ministry also advised the affected person and the requester as follows: Under section 28 of the [ Act ], you may request that this decision be reviewed by the Information and Privacy Commissioner/Ontario (IPC). If you wish to file an appeal of this decision, please send your letter of appeal to the IPC within 30 days of the receipt of this decision letter . . . If you do not file an appeal with the IPC within 30 days, the records will be disclosed as indicated above. If you do file an appeal with the IPC, the IPC will review the matter and make a decision [emphasis in original]. The affected person advises this office that he received the Ministry's April 4, 2001 letter "sometime after April 4th", but does not recall the exact date, nor is he in possession of the envelope which contained the letter. By letter dated April 17, 2001, the requester appealed the Ministry's decision, and this office opened Appeal Number PA-010159-1. On the consent of the requester, this office later closed this file, on the basis that the appeal was premature. The affected person then appealed to this office the Ministry's decision to disclose portions of pages 6 to 9 of the record, and this office opened Appeal Number PA-010179-1. The affected person's appeal letter was dated May 5, 2001, but the envelope containing this letter indicates that it was mailed on May 10, 2001. On May 10, 2001, the Ministry wrote to the requester stating: In our letter of April 4, 2001, pertaining to the release of the first 25 records, we advised you that we were delaying access to the further 25 records for a period of 30 days to allow the third parties an opportunity to appeal the Ministry's access decisions. Upon checking with the Information/Privacy Commissioner's Office, the Ministry was advised that none of the third parties have filed an appeal. Therefore, the Ministry is issuing this decision letter concerning the further 25 records. The Ministry went on to explain whether or not access was being granted to the 25 records, set out the applicable fees, and asked the requester to provide payment, after which it would forward the records in question to the requester. The requester then paid the requested fee. Later, prior to the Ministry granting access to the records, this office notified the Ministry that it had received an appeal from the affected person concerning Record 49. On May 23, 2001, the Ministry wrote to the requester advising that this office had received an appeal respecting Record 49, and that therefore it was granting access to all of the records except for Record 49. The requester then appealed the Ministry's decision to withhold Record 49 on the basis of the affected person's appeal, and this office opened Appeal Number PA-010159-2. In effect, the requester is asking this office to reject the affected person's appeal on the grounds that it was not made within the 30 day time frame set out in section 50(2) of the Act . I sent a Notice of Inquiry to the Ministry and the requester explaining the issues in this appeal and inviting their representations. Only the Ministry responded. In the circumstances, I decided that it was not necessary for me to seek representations from the affected person. ISSUES TIMING OF THE APPEAL Was the affected person's appeal made within the 30 day time frame set out in section 50(2) of the Act ? Sections 50(1) and (2) of the Act state: (1) A person who has made a request for, (a) access to a record under subsection 24(1); (b) access to personal information under subsection 48(1); or (c) correction of personal information under subsection 47(2), or a person who is given notice of a request under subsection 28(1) may appeal any decision of a head under this Act to the Commissioner. (2) An appeal under subsection (1) shall be made within thirty days after the notice was given of the decision appealed from by filing with the Commissioner written notice of appeal. The Ministry submits: . . . The response was not made within the 30-day time frame set out in section 50(2) of the Act . . . . . . On May 11, 2001, [named individual], Program Advisor, received a call from the affected person. He indicated that he had only received the Ministry's correspondence about the intended release of his records
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Legislation
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Subject Index
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Signed by
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David Goodis
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Published
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Jun 26, 2001
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Type
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Order
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