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Document
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PO-1972
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File #
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PA-010179-1
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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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The Ministry of Culture, Citizenship and Recreation (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act ) for access to records pertaining to the harvesting of sunken logs from Ontario waterways, a technique known as "underwater logging". The Ministry located a number of responsive records and provided notification of the request to certain third parties pursuant to section 28 of the Act . Following the receipt by the Ministry of the submissions of one of the third parties, the Ministry decided to disclose the information contained in a portion of one of the records to the original requester. One of the third parties, now the appellant, appealed the Ministry's decision to disclose portions of the responsive records to the original requester. Initially, the original requester objected to the timeliness of the appeal against the Ministry's decision to disclose the record. The objection resulted in Order PO-1916, in which Senior Adjudicator David Goodis held that the appeal filed by the appellant against the Ministry's decision to disclose Pages 6 to 9 of Record 49 ought to proceed. During the mediation of the appeal, the appellant indicated that he was objecting to the disclosure of Pages 6 to 9 of Record 49 on the basis that this information was subject to copyright and was exempt from disclosure under sections 17(1) (third party information) and 21(1) (invasion of privacy) of the Act . Further mediation of the appeal was not possible, and the matter was moved into the Adjudication stage of the appeals process. As the appellant was the only party resisting the disclosure of the requested information, I decided to seek his representations, initially. I did not receive any submissions from him, nor did he respond to several follow-up telephone messages left by this office. Because the exemptions claimed by the appellant, sections 17(1)(a) and (c) and 21(1), are mandatory exemptions, I am required to determine whether they apply to the record at issue even in the absence of submissions from him. In making this determination, I will rely on the record itself and the submissions made by the appellant to the Ministry in response to its notice under section 28 and his correspondence to this office during the processing of the appeal.
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Legislation
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Subject Index
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Signed by
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Donald Hale
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Published
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Nov 29, 2001
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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