|
|
Document
|
|
PO-1925
|
|
|
|
|
|
File #
|
|
PA_000262_2
|
|
|
|
|
|
Institution/HIC
|
|
Ministry of Training, Colleges and Universities
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: This is an appeal from a decision of the Ministry of Training, Colleges and Universities (the "Ministry") under the Freedom of Information and Protection of Privacy Act (the Act ). The appellant made a request to the Ministry for access to certain records, in the following terms: ... any and all records subsequent to and not already included in my earlier requests of December 9 and December 22, relating to or amending applications requested thereunder, and related to and including subsequent applications by Trent University made to or to be passed through the Ministry for substantial funds directed towards building and similar projects, as under the program generally referred to as SuperBuild ... ... this request is also directed to the Ministry's review of such applications ... further, it includes internal records of the Ministry relating to the processing of and delays in connection with my earlier FOIPP requests of December 9 and December 22 ... In April 2000, the Ministry issued a fee estimate, stating that the estimated cost of generating the information requested was $211.60. It requested the appellant's "written acceptance of the fee estimate, together with a deposit" in the amount of 50% of the total estimate, prior to proceeding with the request. In the same letter, the Ministry informed the appellant that he had a right to file an appeal regarding any part of his access request under section 50 of the Act , and that an appeal must be requested within 30 days of the date of this letter. The appellant sent cheques to the Ministry which included payment of the deposit requested by the Ministry with respect to this request, "together with payment in good faith of the residue of the estimates". In the letter accompanying the cheques, the appellant stated, among other things, that he was "paying these amounts without prejudice to any further issues of appeal". He also intended to appeal this requirement of written acceptance. The Ministry then issued an access decision granting partial access to 72 records it identified as responsive to the request. Access was denied to records 1, 5, 6, 9, 10, 11, 12, 13 and 15 in their entirety, and to portions of records 4, 7, 29, 47, 55, 58, 59, 61 and 67. In doing so, the Ministry claimed the application of the following exemptions: section 12 (Cabinet records), section 13 (advice to government), section 17 (third party information), section 19 (solicitor-client privilege) and section 21 (personal privacy). In its decision letter, the Ministry again notified the appellant that he had the right to file an appeal regarding any part of his access request, and that such an appeal must be made within 30 days of this letter. In August 2000, the appellant appealed the Ministry's decision and, among other things, asserted the existence of a compelling public interest in these matters which raises the issue of the application of section 23 of the Act . The appellant also asserts that further responsive records should exist, in addition to those identified by the Ministry. He cites, in particular, notes and correspondence accompanying the process of review and evaluation. During mediation, the appellant agreed not to appeal the denial of several records (records 3, 16, 45, 46, 60, 62, 68, 69, 70, 71 and 72). Further, the appellant clarified that this request is intended to cover all responsive records generated between December 22, 1999 and February 21, 2000. A Notice of Inquiry summarizing the facts and issues of this appeal was sent to the Ministry, initially. The Ministry submitted detailed representations in response to the Notice which were shared with the appellant in full. The appellant returned a response. RECORDS: There are 18 records at issue in this appeal, described as follows: Record Description Exemption(s) claimed Record 1 Superbuild Growth Fund for Postsecondary Education Support Universities and Colleges s. 12(1)(b) Record 4 Assessment Worksheet for SuperBuild Growth Fund, Category 2 Proposals for Innovative Academic Projects ss. 12(1)(e), 13, 17 Record 5 [Ministry] SuperBuild Growth Fund for Postsecondary Institutions, Category 1 Proposals - Scoring Breakdown Explanatory Notes s. 12(1)(e) Record 6 [Ministry] SuperBuild Growth Fund for Postsecondary Sector, Summary of SBGF Proposal Applications Submitted by Postsecondary Institutions - Category 1 s. 13 Record 7 SuperBuild Institution Debrief s. 13 Record 9 [Ministry] SuperBuild Growth fund for Postsecondary Institutions, Category 1 Proposals - scoring Breakdown Explanatory Notes s. 12(1)(e) Record 10 Category 1 - Project Listings with Staff Adjustments s. 12(1)(e) Record 11 Category 2 - Projects Listings with Staff Adjustments s. 12(1)(e) Record 12 Institution and Project Title, Project and Program Description, Project and Institutions Details, Considerations and Issues s. 12(1)(e) Record 13 Institution and Project Description, Project and Institutions Details, Considerations and Issues s. 12(1)(e) Record 15 Year End Pressures ( post-secondary institutions and available space) s. 12(1)(e) Record 29 February 23, 2000 e-mail, from an affected party to Ministry staff s. 21 Record 47 February 15, 2000 e-mail, between Min
|
|
|
|
|
|
Legislation
|
|
-
FIPPA
-
12(1)
-
Section 19
-
Section 23
-
13(1)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Dora Nipp
|
|
|
|
|
|
Published
|
|
Jul 13, 2001
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|