P-1444

The Estates Department of the Office of the Public Guardian and Trustee (the Public Trustee) deals with estates of individuals who die without leaving a will and where there is no next of kin available to administer the estate. One of the matters the Public Trustee is asked to deal with is the arrangement of a funeral and the burial of the individual. Once this is done the Public trustee applies to court to be Estate Administrator Without a Will. The Public Trustee also obtains the long form death certificate which contains information such as the date of death and place of burial or cremation.

NATURE OF THE APPEAL:

The Public Trustee received a request under the Freedom of Information and Protection of Privacy Act (the Act) for a record containing the places of burial or cremation of 20 individuals. The date of death for these individuals ranged from 1964 to 1983. The Public Trustee granted access to information regarding one individual who died in 1964 but refused to grant access to the information about the other 19 individuals based on the following exemption:

• section 21 - invasion of privacy

The requester (now the appellant) appealed this decision to the Commissioner's office. This office sent a Notice of Inquiry to the Public Trustee and the appellant. Representations were received from both parties.

The Public Trustee provided a sample of the responsive record. The information at issue is the name and place of burial or cremation of 19 individuals. The information is located in each individual's file at the Public Trustee.

• FIPPA
• 2(2)
• 21(1)(d)
• 21(1)(f)

• Cemeteries Act (revised)