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Document
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P-40
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File #
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Appeal 880026
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Institution/HIC
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Ministry of Transportation This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987 (the " Act ") which gives a person who has made a request for access to a record under subsection 24(1)
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Summary
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Order are as follows: 1. On January 19, 1988, the Ministry of Transportation (the "institution") received a request from the lawyer for the Ontario Motor Vehicle License Issuers Association (OMVLIA), for access to "...all documentation and correspondence relating to the issue of compensation for the OMVLIA to and from the Minister and the Licensing and Control Branch and any other officers or employees of the Ministry of Transportation and all memoranda and correspondence between the Ministry of Transportation and Management Board of Cabinet with respect to Issuer Compensation from September 1986 to the present date (January 14, 1988)." 2. By two letters dated February 5, 1988, the institution requested a deposit for the fee estimated to produce the record, and advised the requester of a time extension under section 27 of the Act in order to complete the required search through a large number of records. 3. The requester paid the required deposit, but was advised by letter on February 26, 1988 that the institution was refunding the deposit and denying the request for access, citing the exemptions provided by subsections 12(1) and 13(1) of the Act . 4. On March 4, 1988, the requester wrote to me appealing the head's decision, and I gave notice of the appeal to the institution. 5. Between March 8, 1988 and April 14, 1988 the records in question were examined by an Appeals Officer, and efforts were made to settle the case. A settlement was not effected, however the institution did provide a more detailed description of the records to which access was being denied. 6. On May 12, 1988, I sent notice to the appellant and the institution that I was conducting an inquiry to review the decision of the head. An Appeals Officer's Report accompanied this notice. 7. On June 15, 1988 and August 24, 1988 respectively, I sent letters to both parties, inviting them to submit written representations to me on the issues arising from the appeal. 8. Written representations were received from both the appellant and the institution. In its representations, the institution relied on additional sections of the Act not referred to in the original denial. I requested and received clarification of some of the institution's representations. 9. On August 24, 1988, I wrote to the appellant advising him of the institution's reliance on these additional sections of the Act , and invited further representations regarding the application of these sections. Additional representations were received from the appellant. 10. By letter dated October 27, 1988, I requested further representations from the institution with regard to the issue of consent of the Executive Council under subsection 12(2)(b) of the Act . A response was received on November 8, 1988. 11. I have reviewed all representations received from the appellant and the institution and have considered them in making my Order. It should be noted, at the outset, that the purposes of the Act as set out in subsections 1 (a) and (b) are: (a) to provide a right of access to information under the control of institutions in accordance with the principles that, (i) information should be available to the public, (ii) necessary exemptions from the right of access should be limited and specific, and ... (b) to protect the privacy of individuals with respect to personal information about themselves held by institutions and to provide individuals with a right of access to that information. Further, section 53 of the Act provides that the burden of proof that the record falls within one of the specified exemptions in this Act lies upon the head. The institution refused access to the following records for the reasons indicated: #1 A copy of a "Minister's briefing" was denied under subsections 12(1)(e), 13(1) and 18(1)(c) and (e). #2 A copy of an "Application and Report to Management Board - MB20" was denied under subsections 12(1)(a), (b) and (c) and 18(1), (c) and (e). #3 A copy of a "Cabinet submission" (4 pages) was denied under subsections 12(1)(a), (b) and (c) and 18(1), (c) and (e). #4 A copy of a second "Cabinet submission" (9 pages) was denied under subsections 12(1)(a), (b) and (c) and 18(1)(c) and (e). #5 A copy of the Minister's briefing notes was denied under subsections 12(1)(e), 13(1) and 18(1)(c) and (e). #6 A copy of an internal memorandum (1 page) was denied under subsections 12(1)(a), (b) and (c) and 18(1)(c) and (e). #7 A copy of a second internal memorandum (1 page) was denied under subsections 12(1)(a), (b) and (c) and 18(1)(c) and (e). The issues arising in this appeal are: A. Whether the records in question fall within the mandatory exemptions set out in subsections 12(1)(a), (b), (c) and (e) of the Act . B. If the answer to Issue A is in the affirmative, whether the head has a duty under subsection 12(2)(b) to seek the consent of the Executive Council before denying access to a record where an exemption is claimed under subsection 12(1). C. If the answer to Issue A is in the negative, whether the records in question fall within the exemptions provided by subsections 13(1) and/or subsections 18(1)(c) and (e) of the Act . D. Whether the severability requirements of subsection 10(2) apply to the records in question. ISSUE A : Whether the records in question fall within the mandatory exemptions set out in subsections 12(1) (a), (b), (c) and (e) of the Act . Subsection 12(1)(a) states: A head shall refuse to disclose a record where the disclosure would reveal the substance of deliberations of an Executive Council or its committees, including, (a) an agenda, minute or other record of the deliberations or decisions of the Executive Council or its committees. Records #6 and #7 are both titled "Memorandum" and contain minutes of Cabinet meetings that took place on two different dates in August, 1987.
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Legislation
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FIPPA
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10(2)
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12(1)
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12(2)(b)
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Subject Index
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Signed by
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Sidney Linden
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Published
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Feb 27, 1989
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Type
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Order
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