On May 16, 1989, the appellant submitted a request under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act") to the Ministry of Citizenship seeking access to:
Ontario Human Rights Commission, Complaint Case Files, 20-549F Etc./WCB, 348.*
Re: [Name of Appellant] 20-549F and Waterloo County Board of Education
I made submissions on October 3, 1986 and on November 4, 1986 and a reply to the report on March 7, 1989 to the Ontario Human Rights Commission. From time to time in April and May 1989 I have telephoned the Ministry of Citizenship and the Ontario Human Rights Commission concerning the lack of action in this matter. I have objected to the undue delay and to the unproffessional [sic] report of C. Blackwood. I request to receive & examine all files connected with all of the above matters.
* [The appellant later clarified WCB, 348 was meant to read MOC, 48]
The Ministry of Citizenship determined that the information requested was within the custody and control of the Ontario Human Rights Commission (the "institution"), forwarded the request to the Commission on May 25, 1989, and so advised the appellant. The request was received at the Ontario Human Rights Commission on May 29, 1989.
On June 26, 1989, the requester appealed the institution's failure to respond to his request within the statutory 30 day time limit under subsection 29(4) of the Act, which provides as follows:
A head who fails to give the notice required under section 26 or subsection 28(7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given.
Subsection 50(1) of the Act gives a person who made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision made by a head under this Act to the Information and Privacy Commissioner. Notice of the appeal was given to the institution and the appellant.